New Delhi (PTI): The Supreme Court on Thursday raised pointed questions over the selective imposition of the firecracker ban in the Delhi-NCR region, saying if clean air was a right for "elite" residents of the national capital, the same must extend to citizens across the country.
A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran was hearing pleas concerning regulation of firecrackers in the national capital region.
“If cities in NCR are entitled for clean air, why not people of other cities?...Whatever policy has to be there, it has to be on a pan-India basis. We cannot have a policy just for Delhi because they are elite citizens of the country.
“I was in Amritsar last winter and the pollution there was worse than in Delhi. If firecrackers are to be banned, they should be banned throughout the country,” the CJI observed.
Senior advocate Aparajita Singh, the amicus curiae, said, “The elites take care of themselves. They go out of Delhi when there’s pollution.”
The bench asked the Additional Solicitor General Aishwarya Bhati, appearing for the Centre, to get a detailed report on the issue from the Commission for Air Quality Management.
The law officer said the National Environmental Engineering Research Institute (NEERI) was examining the feasibility of “green crackers” to reduce pollution.
The counsel appearing for firecracker manufacturers suggested NEERI to prescribe permissible chemical compositions, which the industry would then incorporate in the design of crackers.
However, senior advocate K Parameshwar, representing some parties, expressed concern saying alongside the restrictions, authorities were also cancelling their existing licenses.
The bench remarked there would be status quo with regard to cancellation of fire crackers' licences by the authorities and posted the matter for September 22.
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Mumbai (PTI): Air India, IndiGo and SpiceJet have told the government that the country's airline industry is under extreme stress and on the verge of "stopping operations", as they sought revision in ATF pricing and financial support.
The West Asia turmoil has pushed up oil prices, and airspace restrictions have increased airlines' operating costs, especially on long-haul routes. Aviation Turbine Fuel (ATF) accounts for around 40 per cent of a carrier's operational expenses.
Against this backdrop, the Federation of Indian Airlines (FIA) has written to the civil aviation ministry, seeking steps to extend the same fuel pricing mechanism uniformly across both domestic and international operations as was done in the past with the establishment of the crack band.
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With an unprecedented rise in jet fuel prices and exorbitant crack/differential between crude and ATF, the federation said the operation of airlines is being challenged in totality.
"... any ad hoc pricing (domestic vs international) and/or irrational increase in the price of ATF will result in unsurmountable losses for airlines and will lead to grounding of aircraft, resulting in cancellation of flights," the federation, which represents Air India, IndiGo and SpiceJet, said.
"In order to survive, sustain and continue operation, we request your urgent intervention for immediate and meaningful financial support to tide over the current situation," it said in a letter on April 26.
Also, the airlines have sought temporary deferment of excise duty on ATF, which is at 11 per cent.
"With the abnormal increase in ATF prices from the pre-crisis period, adding rupee depreciation to the increased prices, the 11 per cent excise duty also increases manifold for the airlines and adds to the ATF price as a big impact on airlines," they said.
Last month, the government limited the hike in ATF price to Rs 15 per litre for domestic operations, but for international operations, the price rose by Rs 73 per litre.
The airlines said the situation has practically made international operations, along with domestic operations, completely unviable and resulted in significant losses for the aviation sector in April.
Seeking urgent intervention on the current ATF ad hoc pricing, FIA said the current situation is creating a severe imbalance in domestic and international operations and rendering airline networks unviable and unsustainable.
"The airline industry in India is under extreme stress and is on the verge of closing down or of stopping its operations."
The federation has pitched for a transparent pricing framework under the crack band mechanism (USD 12–22/BBL) that was implemented in October 2022, saying there was a fair and reasonable margin for Oil Marketing Companies (OMCs).
According to FIA, the country's largest aviation hub Delhi has the second-highest value-added tax (VAT) of 25 per cent on jet fuel, while the highest rate is 29 per cent levied in Tamil Nadu.
"The other major aviation cities, viz. Mumbai, Bangalore, Hyderabad, and Kolkata range between 16 per cent and 20 per cent. These 6 cities cover more than 50 per cent of airlines' operations within India," the federation said.
