Court On Its Own Motion vs. State of Himachal Pradesh & Ors.
Court On Its Own Motion vs. State of Himachal Pradesh & Ors.
Court on its own Motion Vs. State of Himachal Pradesh & Ors.
And
Abhimanyu Rathor Vs. State of H.P. & Ors.
CORAM : HON’BLE MR. JUSTICE SWATANTER KUMAR, CHAIRPERSON
HON’BLE MR. JUSTICE M.S. NAMBIAR, JUDICIAL MEMBER
HON’BLE PROF. A.R. YOUSUF, EXPERT MEMBER
HON’BLE MR. BIKRAM SINGH SAJWAN, EXPERT MEMBER
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has accorded approval for the purchase of 10 No.
CNG Buses to Himachal Road Transport
Corporation (HRTC). Tender process for the
purchase of these uses has been completed.
Further process is on hold till the availability of
the CNG.
(b) An amount of Rs. 81.00 lacs has been
sanctioned by the government for purchase of
three caskets (Trucks) Three LCV/medium
vehicles for transportation of CNG from Tahiwal
(MBS) to Manali (DBS).
(c) That for the establishment of Mother
Booster Station (MBS) at Tahliwal land has been
transferred in the name of the Department of
Transport and the Government has accorded
permission to lease out the said land to GAIL gas
Ltd. The RTO Una has been asked for preparing
estimate for fencing the premises. Site selection
for Daughter Booster Station (DBS) at Manali has
been finalized by the GGL on 29th October, 2015,
formal approval is awaited. Whereas case is
being prepared for the grant of forest clearance for
the establishment of (DBS) at Manali.
(d) That it is pointed out by the Transport
Department that the department is not in a
position to bear the Capex Cost to the tune of Rs.
17.5 crore for the establishment of CNG Stations
at Tahliwal and Manali, as thre is no such
infrastructure at its own cost. The State
Government has already taken up the matter with
the Secretary, Ministry of Petroleum and Natural
Gast (MoPNG), GOI to bear the cost or issue
necessary directions to M/s GGL to bear this cost.
The letter from the Pr. Secretary (Transport) to the
Secretary Ministry of Petroleum and Natural Gas
(MoPNG), GOI, is annexure as “Annexure R-1”.
(e) Retail cost of CNG at various locations
upstream of the MBS would sequentially rise til
the last DBS, as the haulage cost of CNG from the
MBS to various DBS can be done only through
Light Commercial Vehicles (LCVs). In fact, it
would be highest at Manali, the last point in the
supply chain in the CNG infrastructure. The same
would have to be borne by the consumers or
vehicle owners unless the retails price of the CNG
can be made standard through some mechanism.
The State Government has already taken up the
matter with the Secretary, Ministry of Petroleum
and Natural Gast (MoPNG), GOI, (Annexure R-1) to
subsidize the retail price of CNG to be supplied to
the consumers at Manali to make it cost affective
and also to encourage its usage being Eco-
Friendly. Accordingly, it is prayed the necessary
directions in this regard may kindly be issued to
GOI.
2. Operation of Electric Buses
(i) The Ministry of Heavy Industries has
approved Rs. 1.50 crore each for the purchase of
25 No. of Electric Buses subject to the finalization
of specifications by Government of India. The
Tender process shall be initiated by the Govt.of
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H.P. thereafter.
(ii) Hon’ble Chief Minister, Himachal Pradesh
has announced exemption for Token Tax,
Registration Charges and VAT on all electrical
vehicles in order to promote eco-friendly transport
services in the State in his Budge speech.”
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incurred in that regard. Under the Federal
structure of our Constitution, environment being
Central subject, it is expected that both the
Governments would put their means together to
achieve the object of clean environment, which is
a fundamental right of the citizens. This will not
only be an environmental activity but would add
revenue to the State Government as well as
Central Government. We are hopeful that the
Petition filed on 02nd April, 2016 should be
considered by the Ministry at the earliest, in
spite of the Reply already sent by the Ministry.
We direct that the Ministry should consider the
same objectively and purposefully. It is a joint
responsibility of the Central and State
Government to maintain clean environment and
protect its natural resources which is the
constitutional mandate.
6. We also direct to GGL to make its
contribution to this project in lieu of its corporate
social responsibility. It cannot be said to be a
commercial activity. It is for a public purpose
and is the environmental responsibility.
Thus, we direct Secretary of Ministry of
Petroleum to take up a meeting within one week
from today and with the State of Himachal
Pradesh, GGL and other concerned and take a
final view on the matter afore-indicated.
Compliance thereof would be submitted to the
Tribunal immediately thereafter.
7. Learned counsel appearing for the
Vehicles Owners Associations of that area
submits that they would be very glad to make
their contribution by purchasing CNG Buses, if
the CNG is made available in that area. Besides
that, they also want to make collective
contribution by purchasing the CNG buses if the
State would permit and that would also reduce
the liability of Rs. 17.5 crores to a larger extent
and the expenditure incurred in future would be
reduced. We find this suggestion purposeful and
bonafide. Let the Secretary present before the
Tribunal consider this proposal expeditiously
and provide a hearing to the vehicle owners
associations before taking a final view.
Learned counsel appearing for the GGL submits
that they would comply with all the requirements
and guidelines issued by Petroleum and Natural
Gas Regulatory Board (PNGRB).
Coming to the electric buses, it has been stated
that the proposal is acceptable to the State and
the Officers present bind the State Government
in relation to the report submitted. The State of
Himachal Pradesh is ready with 25 % of the
expenses to be incurred for purchasing the 25
electric buses which would be started primarily
in the area in question and could be used even
for other places after the season.
We direct the Ministry of Heavy Industries to
finalise the design and specifications of the
tender in consultation with the State of Himachal
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Pradesh. We are told that the meeting is fixed on
12th April, 2016. On that date the specifications
would be finalized, whereupon the State of
Himachal shall invite tenders for supply of all
these buses within two weeks therafter.
The copy of the tender issued shall be placed on
record of the Tribunal.
The expenditure of the buses shall be borne in
the ratio of 25% and 75% by the State and
Central Government. The State of Himachal
Pradesh have further provided incentive for the
persons using electric vehicles, as toll tax,
registration charges and VAT would not be
payable by the them. The State of Himachal
Pradesh shall also consider similar benefits to
the CNG vehicles as well. The Government
should also consider purchase of hybrid buses.
Steps would be taken by the State of Himachal
Pradesh to finalise the purchase of these vehicles
expeditiously and the Ministry of Heavy Industry
would provide help to the State of Himachal
Pradesh in that regard.
The ropeway from Palchan to Rohtang project
should be expedited. We direct the project
proponent to take steps without further delay
and default, and submit the compliance report. It
is submitted that as per the Memorandum of
understanding, the schedule for different phases
have been fixed. The State to place the
compliance report to this effect before the
Tribunal.
We direct the Deputy Commissioner Kullu.
SDM Manali and SP Manali to submit a complete
and comprehensive report upon actual physical
verification of the site as to the maintaining of
checkpost, online monitoring and checking of
vehicles, issuing permits and if any suggestion
they propose to make for the purpose of
including implementation of the directions issued
by the Tribunal. Depending on this report we
would consider the variation in the number of
vehicles that can be permitted in the coming
season. Presently Rohtang pass is not open to
the visitors. We direct the same committee to
give us the complete comprehensive report in
relation to installation of Temporary Toilets at
Rohtang Pass. The same committee would
jointly inspect all the snow scooters and report to
the tribunal as to how many snow scooters are
petrol operated/battery operated and how many
are diesel operated. They will also state if they
are having two stroke or four stroke engines.
The committee would also identify the portion if
any, in consultation with the Director of HFRI,
Shimla, where the snow scooter if at all can be
permitted to be operated during this season.
This very committee would also identify the take-
off and landing point of paragliding.
List these matters on 08th April, 2016.”
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2. As would be evident from the above, the order
was filed. In this affidavit effort was made to show that the
stated to be unregistered.
two meetings were held on 12th April, 2016 and 14th April,
have been placed on record show that GAIL, GAIL Gas and
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were to work out a sustainable business model within 4
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greater seriousness and implementation from the State.
Tribunal.
directions:
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I. The State of Himachal Pradesh has prayed for
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limited period, subject to filing of the report by the
order.
collectively.
at these places.
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The State Authority shall ensure that they
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Kullu/Marhi and would not be dumped in any
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the terms and conditions imposed by the
Tribunal earlier.
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Don’ts at various places.
relation to:
A. Ropeway.
Secretary, MoP&NG.
environment.
market at Marhi.
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much money out of money collected under the Head
Commissioners:
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orders passed in the petition. Besides fee, expenses of
kind.
following:
sanitary facilities?
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compliance at Rohtang Pass.
the Judgment.
market at Marhi
forests.
G. CNG/Electric Busses.
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and other emissions upon the glacier, environment and
..………………………………….,CP
(Swatanter Kumar)
..…..…….……………………….,JM
(M.S. Nambiar)
...…..…………………………….,EM
(Prof. A.R. Yousuf)
...…..…………………………….,EM
(B.S. Sajwan)
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