After hearing the case pertaining to controlling air pollution in Delhi for over two hours, Justices A.S. Anand, B.N. Kirpal and V.N. Khare said: "There is no way we are going to extend the deadline beyond October 2 for certain aged commercial vehicles in Delhi".

Solicitor General Santosh N. Hegde submitted that around 20,000 commercial vehicles, including 8,574 autorickshaws, 1,652 taxis, 5,947 goods vehicles and 1,840 buses have to be phased out, and sought extension till March 1999.

When the court expressed its unwillingness, Hegde said if the deadline was extended till March 31, 1999, the government was prepared to phase out even those commercial vehicles which were over 12 years old. The court gave time till Tuesday to the Delhi government to file a scheme detailing phasing out of commercial vehicles of various age-categories.

Amicus curiae Harish Salve pointed out that the Supreme Court had ordered closure of industries responsible for 12 per cent of Delhi's air pollution in and said drastic measures needed to be taken as the share of vehicular pollution was as much as 69 per cent.

The court expressed its displeasure over the way the government had been handling the issue of controlling air pollution and criticised it for not implementing its promises to the court in this regard.

Salve informed the court that in November 1996, the then transport commissioner of Delhi government, Kiran Dhingra, had assured the court that over 15-year-old commercial vehicles would be phased out from the Capital by April 1, 1998.

The court, while declining to extend the October 2 deadline, said the time from April to October was given as a grace period to the government. However, it warned the government, saying: "Do not make us (the court) the time keepers. If you force us to do that, what can we do?"

The court directed the Chief Secretary of the Delhi government to file the affidavit detailing the scheme "so that some one can be made accountable". The court was informed that at present there are 80,000 auto-rickshaws, 14,467 taxis, 1.38 lakh goods vehicles and 28,899 buses plying in Delhi.

Salve said there was a lack of will on the part of the government to implement the court order in the guise of inconvenience to the public and pointed out that only 10 per cent of the vehicles needed to be phased out by October 2.