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Appellants: M.C. Mehta Vs. Respondent: Union of India and Others: Decided On: 28.07.1998

by admin — last modified 2007-11-05 16:36

Equivalent Citation: 1998VAD(SC)433, AIR1998SC2963, (1998)4CompLJ16(SC), JT1998(5)SC211, 1998(4)SCALE326, (1998)6SCC63

IN THE SUPREME COURT OF INDIA

W.P. (C) No. 13029 of 1985 (with W.P. No. 939 of 1996)

Appellants: M.C. Mehta Vs. Respondent: Union of India and Others: Decided On: 28.07.1998

Subject: Environment

Hon'ble Judges:
A.S. Anand, B.N. Kirpal and V.N. Khare, JJ.

Case Note:

Environment - pollution - matter pertaining to protection and improvement of environment - Court directed implementation of directions to restrict plying of commercial vehicles including taxis which were 15 years old by 02.10.1998 - restrictions on plying of goods vehicles during day time be enforced by 15.08.1998 - expansion of pre-mixed oil dispensors (petrol) and 2T oil to be undertaken by 31.12.1998 and ban on supply of loose 2T oils at petrol stations and service garages to be enforced by 31.12.1998.

HELD See paras 2 and 4.

Citing Reference:

*** Discussed

Keshav Chandra Joshi and Ors. v. Union of India and Ors. ***

ORDER

1. Realising the urgency and importance of protection and improvement of the environment, this Court has given directions from time to time and impressed upon the authorities to take urgent steps to tackle the acute problem of vehicular pollution in Delhi. Assurances have been held out to the Court through various affidavits filed by the competent officers that effective steps shall be taken in a phased manner within a specified time span. Inspite of the matter having engaged the attention of this Court for a long time and lengthy debates on each hearing, precious little appear to have been done by the State Administration to check and control the vehicular pollution. We are rather distressed at this apathy of the State Administration, when according to the White Paper published by the Government of India, the vehicular pollution contributes 70% of the air pollution as compared to 20% in 1970. In the White Paper published by the Government of India, a dead line of 1st April, 1998 had been proposed for implementation of major actions. No concrete steps have however, been taken till date in spite of the assurances held out in the affidavit dated November 18, 1996.

2. We find from the report submitted by the Authority appointed vide Gazette Notification dated 29th January, 1998 that none of the major actions, as proposed, has been implemented. The Authority headed by Shri Bhure Lal has also proposed certain measures for immediate improvement of air quality and has given a time frame but for the time being we are not engaging our attention to that time frame. We are, however, of the view that to arrest the growing pollution of air certain steps need to be taken immediately. We, therefore, direct:-

1. Implementation of directions to restrict plying of commercial vehicles including taxis, which are 15 years old, by 2nd October, 1998.

2. Restriction on plying of goods vehicles during the day time shall be strictly enforced by 15th August, 1998.

3. Expansion of pre-mixed oil dispensors (petrol) and 2T oil) shall be undertaken by 31st December, 1998.

4. Ban on supply of loose 2T oils at petrol stations and service garages shall be enforced by 31st December, 1998.

3. The Committee headed by Shri Bhure Lal has also proposed the following measures within the time frame in its action taken report filed in the Court.


		Time frame
A)	Augmentation of public transport (stage carriage) to 10,000 buses. 1.4.2001	1.4.2001
B)	Elimination of leaded petrol from NCT Delhi as proposed by the Authority and agreed to by the Ministry of Petroleum & Natural Gas. 1.9.1998	1.9.1998
C)	Supply of only pre-mix petrol in all petrol filling stations to two-stroke engine vehicles. 31.12.1998	31.12.1998
D)	Replacement of all pre 1990 autos and taxis with new vehicles on clean fuels 31.3.2000	31,3,2000
E)	Financial incentives for replacement of all post 1990 autos and laxis with new vehicles on clean fuels. 31.3.2001	31.3.2001
F)	No 8-year old buses to ply except on CNG or other clean fuels. 1.4.2000	1.4.2000
G)	Entire city bus fleet (DTC & private) to be steadily converted to single fuel mode on CNG. 31.3.2001	31.3.2001
H)	New ISBT stobe built at entry points in North and South-West to avoid pollution due to entry of inter-state buses. 31.3.2000	31.3.2000
I)	GAIL to expedite and expand from 9 to 80 CNG supply outlets. 31.3.2000	31.3.2000
J)	Two independent fuel testing labs to be established. 1.6.1999	1.6.1999
K)	Automated inspection and maintenance facilities to be set up for commercial vehicles in the first phase. Immediate	Immediate
L)	Comprehensive I/M programme to be started by transport department & private sector. 31.3.2000	31.3.2000
M)	CPCB/DPCC to set up new stations and strengthen existing air quality monitoring stations for critical pollutants. 1.4.2000	1.4.2000

4. We approve the directions given and the time frame fixed by Shri Bhure Lal Committee. The time frame, as fixed by that Committee and today by this Court, in consultation with learned counsel for the parties, shall be strictly adhered to by all the authorities who shall also take effective and adequate steps to bring, to the notice of the public, both through print and electronic media various directions issued by this Court from time to time in general and the directions hereinabove contained in particular. Report in this behalf shall be filed in the Court within four weeks. We, administer, a strong caution to all concerned that failure to abide by any of the directions hereinabove noticed would invite action under the Contempt of Courts Act against the defaulters.