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This is an archive article published on April 1, 2000

DTC’s plea for extension of deadline on buses denied

NEW DELHI, MARCH 31: The Supreme Court on Friday refused to extend the April 1 deadline for scrapping of eight-year-old buses forcing the ...

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NEW DELHI, MARCH 31: The Supreme Court on Friday refused to extend the April 1 deadline for scrapping of eight-year-old buses forcing the Delhi Transport Corporation (DTC) to withdraw its ageing fleet of 3,000 buses from Saturday.

A three-judge bench comprising Chief Justice A S Anand, Justice B N Kirpal and Justice V N Khare expressed serious displeasure at the manner in which DTC had gone about implementing the court’s July 28, 1998 order and said: "If you (DTC) close your shop for four days, you will come out with solutions to implement the court order."

However, the bench, on repeated pleas of Additional Solicitor General Kirit Rawal, observed that if a responsible officer of DTC files an undertaking within a week or so regarding replacement of the buses, it would be considered.

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This made Additional Solicitor General Kirit Rawal, appearing for DTC, to withdraw its application seeking five more years to implement the court order citing operational problems and non-supply of vehicles by the manufacturers.

The court, time and again, reminded Rawal that it had said on July 28, 1999 that failure to abide by the order regarding the running of the buses on cleaner fuels like compressed natural gas (CNG) "will invite contempt".

The court observed that DTC did not do anything for two years to comply with the court’s order and was approaching for more time at the last minute.

Amicus Curiae Harish Salve said, "This is a brazen defiance of court’s orders by DTC and somebody should be held accountable for this."

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The Chief Justice said, "No extension could be given to DTC as its track record was bad" and added "we cannot put the citizens to suffer more pollution".

However, he left it to the DTC to decide the content of the undertaking to be filed regarding implementation of the court order. Rawal said the Government had already made a budgetary allocation of Rs 200 crore for the year 2000-01 for replacement of buses and clarified that it was facing problem in procuring buses as the manufacturers were not in a position to make bulk supply.

Both TELCO and Ashok Leyland refuted the claim of the Government and said the order for very few buses had so far been placed with them.

Salve said it was for the DTC to find a way out of this problem and it was not for the court to see from where the Corporation procured its buses. "It is a self-inflicted wound as far as DTC’s problem was concerned," he said.

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On the order passed by the court to lessen the pollution, the bench said it was only trying to implement the norms set by the Government but "the DTC was violating the norms".

"The DTC is asking for more time to defeat the purpose of the court order," the Chief Justice remarked.

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