The PIL, filed by the NGO Tsunami On Roads, argued that oil companies should contribute to public transport services as a way to mitigate health risks caused by severe air pollution in Delhi and other highly polluted cities. It also urged the EPCA to regulate the use of CSR funds for improving public transport infrastructure in pollution-prone cities.
NEW DELHI: The Supreme Court has dismissed a Public Interest Litigation (PIL) today (16th Dec) that sought to direct public and private sector oil companies to allocate part of their Corporate Social Responsibility (CSR) funds to enhance public transport services in Delhi and other highly polluted cities.
However, a Bench led by Justice B.V. Nagarathna granted the PIL petitioner the option to approach relevant authorities, including the Environment Pollution (Prevention and Control) Authority (EPCA), and make a representation on the matter.
The Bench, also comprising Justice N. Kotiswar Singh, emphasized that “if a representation is made, it should be considered in accordance with the law”.
Brief Facts
The PIL, filed by the NGO Tsunami On Roads, argued that oil companies should contribute to public transport services as a way to mitigate health risks caused by severe air pollution in Delhi and other highly polluted cities. It also urged the EPCA to regulate the use of CSR funds for improving public transport infrastructure in pollution-prone cities.
Additionally, the PIL called on the EPCA to utilize funds from the CESS collected by the Central Pollution Control Board (CPCB) under environmental protection charges (EPC) and environmental compensation (EC) for enhancing public transport services, alongside other environmental protection initiatives.
The writ petition sought directions from the Court for the Environment Pollution Control Authority (EPCA), established by the Supreme Court, to oversee and create guidelines for the appropriate use of Corporate Social Responsibility (CSR) contributions. These funds would be allocated to enhance the public transport system in heavily polluted cities.
Dr. Kulshretha proposed that the funds could help offset financial losses incurred by the Delhi Metro, stating:
“The metro in Delhi faces losses of 250 crore, while DTC’s loss totals 750 crore. A significant portion of these funds should go to public transport systems to make them more attractive. We have a wealthy class needing comfort and safety, but we must also consider the needs of the underprivileged.”
Justice Nagarathna, however, raised a concern, questioning whether the petition sought environmental protection or resolution of DTC’s financial problems.
She remarked: “Just because there are losses does not mean that oil companies must bear the burden.”
The petition also sought directions to the EPCA to utilize part of the CESS collected by the Central Pollution Control Board (CPCB) under Environmental Protection Charges (EPC) and Environmental Compensation (EC) for public transport improvements, alongside other environmental initiatives.
While the Court clarified that it cannot dictate how companies should allocate their CSR funds, it did not dismiss the petition. Instead, the Court disposed of it, granting the petitioner the liberty to present the matter to the relevant authorities, including the EPCA, for further consideration.
Case Title: Tsunami On Roads (Registered NGO) through Dr. Sanjay Kulshrestha v. Union of India and Others, Diary No. 39633-2024
