M.c. Mehta v. Union Of India And Others

Directions with regard to the report regarding pricing of CNG by IGL submitted by the Bhure Lal Committee

1. Learned counsel appearing for the Union of India is directed to give a copy of the response filed on behalf of the Union of India to the learned amicus curiae today.

2. Adjourned.

Matter regarding compulsory switchover of all two wheelers, three wheelers and motor vehicles to LPG/CNG in cities other than Delhi which are equally or more polluted and IA No. 179

3. Two weeks further time is granted to the States of Karnataka and Gujarat to file the requisite affidavit.

4. Let a copy of the Report on Second Generation Reforms for Air Pollution Control in Delhi dated April 2003, be given to the parties at their expense within two weeks and the parties may within four weeks thereafter file their views/response to the report.

5. List after six weeks.

IA No. 181

6. Mr S. Wasim A. Qadri, learned counsel states that the requisite affidavit shall be filed in course of the day. Rejoinder thereto may be filed within two weeks.

7. List after two weeks.

IAs Nos. 182-83

8. We have heard learned counsel and are of the view that the National Highways Authority is to be treated as the nodal agency who may chalk out the schedule for completing the construction of bypass and expressway. Let the progress report be submitted within four weeks by the nodal agency. List thereafter.

9. In the meantime, the Union of India may also file its reply to the IAs. The State of Haryana is also permitted to file an additional affidavit.

IA No. 184

10. List after two weeks along with IA No. 181.

IAs Nos. 188-89

11. The State of Haryana is granted two weeks time to file a reply.

12. List after four weeks along with IAs Nos. 182-83.

IA No. 192

13. Learned counsel appearing for the Government of NCT, Delhi prays for and is allowed three weeks time to file a further affidavit indicating therein whether all the diesel buses running on the routes have been phased out. List thereafter.

IAs Nos. 194-95 and 207

14. Mr P. Chidambaram, learned Senior Counsel appearing for IGL states that IGL is complying with the safety measures suggested in para 3(v) of the affidavit filed on behalf of the Department of Explosives and Oil Industry Safety Directorate. In that view of the matter, these IAs stand disposed of.

IA No. 202 and letters dated 10-9-2002 and 8-10-2002 of Shri N. K. Aggrawal

15. It is stated at the Bar that the permission has already been granted and IA No. 202 is rendered infructuous. It is, accordingly, dismissed as infructuous.

16. Matter involved in the letters of Shri N.K. Aggrawal also stands disposed of.

IA No. 203 and IA No. 217

17. List after six weeks along with IA No. 179.

IAs Nos. 210-11

18. Adjourned. Let it come up after decision in IA No. 179.

IA No. 212

19. List on 15-3-2004.

20. In the meantime, learned counsel appearing on behalf of the Delhi Police will supply the numbers of vehicles which the Delhi Police wants to convert into new diesel buses for its extra jurisdictional duty.

IA No. 216

21. List on 15-3-2004.

22. By that date, learned counsel appearing for the Union of India shall inform the Court about the compliance with the order dated 14-8-2003 and also regarding appointment of Shri Bhure Lal as member of UPSC and also as regards his retaining the accommodation which he is presently occupying.

IAs Nos. 218-19 in IA No. 199 and IAs Nos. 220-21 in IA No. 185

23. The applicants are permitted to withdraw these IAs with liberty to file fresh ones relating to the refund of money claimed to have been deposited for the issue of permits. These IAs are dismissed as withdrawn.

IA No. 223

24. We have heard learned counsel.

25. We direct the Commissioner of Police, Delhi to register an FIR against the owner and carrier of trucks carrying diesel/petrol as indicated in paras 8 and 9 of the counter affidavit filed on behalf of Indian Oil Corporation, investigate into the matter and submit a status report within four weeks. List thereafter.

26. In the meantime, the States of U.P. and Haryana may file their reply.

IAs Nos. 225 and 226

27. Four weeks time is granted to the Union of India to file a reply. Likewise, the Government of NCT, Delhi shall file its reply. List along with IA No. 179.

Contempt Petitions (Civil) Nos. 259 of 2000, 1, 48 of 2002 and 413 of 2003

28. These contempt petitions be treated as IAs and registered accordingly.

29. Issue notice.

Contempt Petition (C) No. 71 of 2002

30. This petition is dismissed as withdrawn.

WP (C) No. 939 of 1996, SLP (C) No. 13208 of 1998, SLP (C) No. ... of 2000 (CCs Nos. 6990-91) and WP (C) No. 543 of 2003

31. Adjourned.