M.c. Mehta
v.
Union Of India & Others
(Supreme Court Of India)
Writ Petition (Civil) No. 13029 Of 1986 With W.P. No. 939 Of 1996 | 28-07-1998
Dr. A.S. Anand, J .
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. In spite 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.
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 public1.4.2001
transport (stage carriage)to 10,000 buses.
(B)Elimination of leadedpetrol from NCT Delhi asproposed by the Authorityand agreed to by theMinistry of Petroleum& Natural Gas1.9.1998
(C)Supply of only pre-mixpetrol in all petrolfilling stations to two-strokeengine vehicles31.12.1998
(D)Replacement of all pre-1990 autos and taxis withnew vehicles on cleanfuels.31.3.2000
(E)Financial incentives forreplacement of all post-1990 autos and taxis withnew vehicles on clean fuels.31.3.2001
(F)No 8-years, old buses toply except on CNG orother clean fuels.1.4.2000
(G)Entire city bus fleet(DTC & private) to besteadily converted tosingle fuel mode on CNG.31.3.2001
(H)New ISBTs to be built atentry points in North andSouth-West to avoidpollution due to entry ofinter-State buses31.3.2000
(I)GAIL to expedite andexpand from 9 to 80 CNGsupply outlets31.3.2000
(J)Two independent fueltesting labs, to beestablished1.6.1999
(K)Automated inspection Immediateand maintenance facilitiesto be set up for commercialvehicles in the first phase.
(L)Comprehensive I/Mprogramme to be startedby transport department &private sector31.3.2000
(M)CPCB/DPCC to set up new stations and strengthenexisting air qualitymonitoring stations forcritical pollutants.1.4.2000
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 Counsels 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.
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. In spite 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.
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 public1.4.2001
transport (stage carriage)to 10,000 buses.
(B)Elimination of leadedpetrol from NCT Delhi asproposed by the Authorityand agreed to by theMinistry of Petroleum& Natural Gas1.9.1998
(C)Supply of only pre-mixpetrol in all petrolfilling stations to two-strokeengine vehicles31.12.1998
(D)Replacement of all pre-1990 autos and taxis withnew vehicles on cleanfuels.31.3.2000
(E)Financial incentives forreplacement of all post-1990 autos and taxis withnew vehicles on clean fuels.31.3.2001
(F)No 8-years, old buses toply except on CNG orother clean fuels.1.4.2000
(G)Entire city bus fleet(DTC & private) to besteadily converted tosingle fuel mode on CNG.31.3.2001
(H)New ISBTs to be built atentry points in North andSouth-West to avoidpollution due to entry ofinter-State buses31.3.2000
(I)GAIL to expedite andexpand from 9 to 80 CNGsupply outlets31.3.2000
(J)Two independent fueltesting labs, to beestablished1.6.1999
(K)Automated inspection Immediateand maintenance facilitiesto be set up for commercialvehicles in the first phase.
(L)Comprehensive I/Mprogramme to be startedby transport department &private sector31.3.2000
(M)CPCB/DPCC to set up new stations and strengthenexisting air qualitymonitoring stations forcritical pollutants.1.4.2000
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 Counsels 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.
Advocates List
For the Appearing Parties Altaf Ahmed, Additional Solicitor General, Harish N. Salve, Sr. Adv. (AC) P.P. Malhotra, Shanti Bhushan, K. Parasaran, Sr. Advs. with Uday Umesh Lalit, Manoj Prasad, Kailash Vasdev, Indira Sarwhney, Arvind K. Sharma, Anubha Jain, K.P. Mittal, Niranjana Singh, Wasim A. Quadri, Anil Katiyar, Smitha Inna, D.S. Mehra, Pramod B. Agarwala, Praveena Gautam, Aruneshwar Gupta, Srilok Nath Rath, Narain, Sandeep Narain, Sushil Kumar Jain, A.P. Dhamija, Kiran, Arpita Roy Choudhary, Sanjay Katyal, Vineet Kumar, Rajeev Dutta (N.P.), M.A. Chinnaswamy (N.P.), R.P. Gupta, R. Sasiprabhu, R.K. Maheshwari, Ashok Mathur, Ranjit Kumar, Ejaz Maqbool, Hardeep Singh Anand, Vijay Panjwani, Anis Ahmed Khan, L.K. Pandey, S.B. Upadhyay, S.R. Setia, Sanjay Parikh, Mahabir Singh, Dinesh Kumar Garg, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE A.S. ANAND
HON'BLE MR. JUSTICE B.N. KIRPAL
HON'BLE MR. JUSTICE V.N. KHARE
Eq Citation
(1998) 6 SCC 63
(1998) 4 COMPLJ 16 (SC)
AIR 1998 SC 2963
1998 5 AD (SC) 433
JT 1998 (5) SC 211
1998 (4) SCALE 7
1998 (4) SCALE 326
LQ/SC/1998/689
HeadNote
1986 SCALE 318, 1998 Supp (3) SCC 460, 1998 Supp (2) SCC 398 at 415
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