1997 Supreme(SC) 1499

1997(9) Supreme 418
SUPREME COURT OF INDIA
J.S. Verma, CJI., B.N. Kirpal & V.N. Khare, JJ.
M.C. Mehta -Petitioner
versus
Union of India & Ors. etc. -Respondents
Writ Petition (C) No. 13029 of 1985
With
W.P. (C) No. 9300/82, 939/96, 95/97, I.A.Nos. 7, 8, 9, 10 in W.P. (C) No. 13029/85
Decided on 20-11-1997
Counsel for the Parties :
For the Appearing Parties, M.S. Usgaonkar, Additional Solicitor General, Harish Salve, Sr. Advocate (A.C.), Dr. Rajiv Dhawan, Arun Jaitley, Swaraj Kaushal, Sr. Advocates, Mukul Mudgal, (M.C. Mehta) Advocate - In-person (NP), Ms. Seema Midha, Wasim A. Qadri, A.D.N. Rao, Niranjana Singh, S.N. Sikka, Ms. Indra Sawhney, Ms. Anubha Jain, Arvind Kumar Sharma, Rajiv Nanda, Hardeep Singh Anand, R.K. Kapoor, P. Verma, S.K. Srivastava, B.R. Kapur, Anis Ahmed Khan, Shri Narain, Sandeep Narain, D.K. Garg, Sanjeev Pabby, Vijay Panjwani, R.K. Maheshwari, Ms. Manju Bharti, Ranjit Kumar, R. Sasiprabhu, Manish Garg, Ashok Mathur, D.M. Nargolkar, Pradeep Misra, Ms. Niti Dikshit, Mrs. Anil Katiyar, Ms. Sushma Suri, D.S. Mehra, Saharya & Co., Advocates, Ejaz Maqbool, R.P. Gupta, K.K. Gupta, C.V.S. Rao, L.K. Pandey, S.B. Upadhyay, S.R. Setia, Sanjay Parikh, Satish Aggarwal, Advocates.

VERY IMPORTANT POINT
No bus belonging to or hired by an educational institution shall be driven by a driver who has less than ten years of experience, been challaned more than twice for a minor traffic offence; been charged for an offence relating to rash and negligent driving and all such drivers would be dressed in a distinctive uniform and all such buses shall carry a suitable inscription to indicate that they are in the duty of an educational institution.

Headnote:Traffic Regulation-Educational Institutions-Constitution of India-Article 32 r/w Article 142-Exercise of power of this Court under -Directions issued to Union Government and local authorities for control of traffic in Delhi-No bus belonging to or hired by an educational institution shall be driven by a driver with less than 10 years of experience; challaned more than twice for minor traffic offence; charged for offence relating to rash and negligent driving-All such drivers would be dressed in a distinctive uniform-All such buses shall carry a suitable inscription to indicate that they are in duty of an educational institution. (Motor Vehicles Act, 1988).

       Held : No bus belonging to or hired by an educational institutional shall be driven by a driver who has

        - less than ten years of experience;

        - been challaned more than twice for a minor traffic offence;

        - been charged for any offence relating to rash and negligent driving.

       All such drivers would be dressed in a distinctive uniform, and all such buses shall carry a suitable inscription to indicate that they are in the duty of an educational institution. [Para 1(f)].

       (ii) Motor Vehicles Act, 1988-Control of traffic in Delhi to ensure public safety-Directions issued by Supreme Court in exercise of power under Article 32 r/w Article 142 of Constitution of India-Heavy and medium transport vehicles and light goods vehicles being four wheelers-Not to be permitted to operate on roads unless fitted with speed control devices-They should not exceed speed limit of 40KMPH-Exempted vehicles: transport vehicles operating on Inter State permits and national goods permits-Confined to such routes and timings as authorities may publish-Transport vehicles not permitted to overtake any other four wheel motorised vehicle-Buses shall be confined to bus lanes-Bus lanes to be segregated-Buses halt only at bus stops-Contravention of these conditions-Legal consequences-Suspension/cancellation of permit and impounding of vehicle.

       Held : The police and all other authorities entrusted with the administration and enforcement of the Motor Vehicles Act and generally with the control of the traffic shall ensure the following:

       (a) No heavy and medium transport vehicles, and light goods vehicles being four wheelers would be permitted to operate on the roads of the NCR and NCT, Delhi, unless they are fitted with suitable speed control devices to ensure that they do not exceed the speed limit of 40 KMPH. This will not apply to transport vehicles operating on Inter-State permits and national goods permits. Such exempted vehicles would, however, be confined to such routes and such timings during day and night as the police/transport authorities may publish. It is made clear that no vehicle would be permitted on roads other than the aforementioned exempted roads or during the times other than aforesaid time without a speed control device.

       (b) In our view the scheme of the Act necessarily implies an obligation to use the vehicle in a manner which does not imperil public safety. The authorities aforesaid should, therefore, ensure that the transport vehicles are not permitted to overtake any other four-wheel motorised vehicle.

       (c) They will also ensure that wherever it exists, buses shall be confined to the bus lane and equally no other motorised vehicle is permitted to enter upon the bus lane. We direct the Municipal Corporation of Delhi, NDMC, PWD, Delhi Government and DDA, Union Government and the Delhi Cantt. Board to take steps to ensure that bus lanes are segregated and roads markings are provided on all such roads as may be directed by the police and transport authorities.

       (d) They will ensure that buses halt only at bus stops designated for the purpose and within the marked area. In this connection also Municipal Corporation of Delhi, NDMC, PWD, Delhi Government, DDA and Union of India and Delhi Cantt. Board would take all steps to have appropriate but stops constructed, appropriate markings made, and bus-bays built at such places as may be indicated by transport/police authorities.

       (e) Any breach of the aforesaid directions by any person would, apart from entailing other legal consequences, be dealt with as contravention of the conditions of the permit which could entail suspension/cancellation of the permit and impounding of the vehicle.

       [Paras 1 A (a) to (e)]

       (iii) TRAFFIC CONTROL IN DELHI-Identity of drivers-Every holder of a permit will within ten days, file a list of drivers engaged by him with photographs and other particulars to establish their identity-Every vehicle shall carry a photograph of authorised driver, duly certified. [(Para 1(f)]

       (iv) TRAFFIC CONTROL IN DELHI-Directions issued by Supreme Court-Enforcement of-Flying squads made up of inter-departmental teams headed by an SDM shall be constituted-They shall exercise powers under Section 207 and 84 of Motor Vehicles Act-Government directed to notify under Section 86(4) officers of rank of Assistant Commissioner of Police or above for constituting flying squads-Contents of this order shall be suitably publicised not later than 22.11.1997-Such publication shall be sufficient public notice for due compliance.

       Held : To enforce these directions, flying squads made up of inter-departmental teams headed by an SDM shall be constituted and they shall exercise powers under Section 207 as well as Section 84 of the Motor Vehicles Act.

       The Government is directed to notify under Section 86(4) the officers of the rank of Assistant Commissioners of Police or above so that these officers are also utilised for constituting the flying squads. (Para 1(g)

       We direct the Union of India to ensure that the contents of this Order are suitably publicised in the print as well as the electronic media not later than November, 22 1997 so that every body is made aware of the directions contained in the Order. Such publication would be sufficient public notice to all concerned for due compliance. We direct that this Order will be carried out notwithstanding any other or directions by any authority, Court or Tribunal, and that no authority shall interfere with the functioning of the police and transport department in so far as implementation and execution of these directions is concerned. (Para 1 B and C)

       (v) Traffic Control in Delhi-Problem arising out of congestion caused by different kinds of motorised and non-motorised vehicles using same roads-Police and transport authorities directed to identify those roads to be confined only to motorised traffic-Suitable directions to be issued to exclude undesirable form of traffic from those roads-Civic authorities including DDA, railways, police and transport authorities directed to identify and remove hoardings on road sides, hazardous and a disturbance to safe traffic movement-Road/traffic signs which facilitate free flow of traffic to be put up.

       Held : We direct the police and the transport authorities to consider immediately the problems arising out of congestion caused by different kinds of motorised and non-motorised vehicles using the same roads. For this purpose, we direct the police and transport authorities to identify those roads which they consider appropriate to be confined only to motorised traffic including certain kind of motorised traffic and identify those roads which they consider unfit for use by motorised or certain kinds of motorised traffic and to issue suitable directions to exclude the undesirable form of traffic from those roads. The civic authorities including DDA, the railways, the police and transport authorities, are directed to identify and remove all hoardings which are on road-sides and which are hazardous and a disturbance to safe traffic movement. In addition, steps be taken to put up road/traffic signs which facilitate free flow of traffic. [Para 1 (h) & (i)]