1. Directions for vehicular restrictions — Implementation of clean fuel transition — Approval of time-bound action plan — Warning of contempt for non-compliance. (Para 1 , 2 , 3 , 4 )
Back
Next 
1998 Supreme(SC) 702
1998(6) Supreme 172
Supreme Court of India
(Civil Original Jurisdiction)
Dr. A.S. Anand, B.N. Kirpal and V.N. Khare, JJ.
M.C. Mehta -Petitioner
versus
Union of India & Ors. -Respondents.
Writ Petition (C) No. 13029 of 1986
With
Writ Petition No. 939 of 1996
Decided on 28-7-1998
Counsel for the Parties :
For the Appearing Parties : Altaf Ahmed, Additional Solicitor General, Harish N. Salve, Sr. Advocate (A.C.), P.P. Malhotra, Shanti Bhushan, K. Parasaran, Sr. Advocates, Uday Umesh Lalit, Manoj Prasad, Kailash Vasdev, Mrs. Indira Sawhney, Arvind K. Sharma, Mrs. Anubha Jain, Mrs. K.P. Mittal, Mrs. Niranjana Singh, Wasim A. Quadri, Mrs. Anil Katiyar, Ms. Smitha Inna, D.S. Mehra, Pramod B. Agarwala, Ms. Praveena Gautam, Aruneshwar Gupta, Srilok Nath Rath, Shri Narain, Sandeep Narain, Sushil Kumar Jain, A.P. Dhamija, Ms. Kiran, Ms. Arpita Roy Choudhary, Sanjay Katyal, Vineet Kumar, (Rajeev Dutta) Advocate (NP), (M.A. Chinnaswamy,) Advocate (NP), 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 and Dinesh Kumar Garg, Advocates.
The Supreme Court issued mandatory, time-bound directions to the State Administration to combat vehicular pollution in Delhi, including restricting old commercial vehicles and transitioning to clean fuels (CNG), emphasizing that failure to adhere to these environmental protection measures would invite action under the Contempt of Courts Act.
Headnote:Environment Protection Law-Air pollution-Vehicular pollution-Acute problem of vehicular pollution in Delhi-White paper published by Government shows vehicular pollution contributes 70% air pollution-Dead line fixed for major actions-No concret steps taken-Direction by court-Playing of 15 years old commercial vehicles including taxis to come to an end by 2.10.1998-Goods vehicle not to be plyed during day time from 15.8.1998-Pre-mixed oil dispensors to be expanded by 31.12.98-Supply of loose 2T oils to be banned by 31.12.98-Time frame fixed for enforcement of various other matter by Bhure Lal Committee approved.
Legal Category Hierarchy
Table of Contents
2. What specific restrictions on commercial vehicles can be imposed to curb air pollution?
The court may restrict the plying of commercial vehicles and taxis that are 15 years old and strictly enforce restrictions on the plying of goods vehicles during daytime. (Para 1 , 2 )
3. What fuel-related mandates can be issued to reduce vehicular emissions?
The court can direct the expansion of pre-mixed oil dispensers and enforce a ban on the supply of loose 2T oils at petrol stations and service garages. (Para 3 , 4 )
4. Can the court set specific deadlines for the implementation of pollution control measures?
Yes, the court can set precise dates for the implementation of restrictions on old vehicles, goods vehicle plying, and fuel dispenser expansions. (Para 1 , 2 , 3 , 4 )
Order
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.
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 public 1.4.2001 transport (stage carriage) to 10,000 buses.
(B) Elimination of leaded 1.9.1998 petrol from NCT Delhi as proposed by the Authority and agreed
to by the Ministry of
Petroleum and Natural
Gas.
(C) Supply of only pre-mix 31.12.1998 petrol in all petrol filling stations to two-stroke engine vehicles.
(D) Replacement of all pre 31.3.2000 1990 autos and taxis with new vehicles on clean fuels.
(E) Financial incentives for 31.3.2001 replacement of all post 1900 autos and taxis with new vehicles on clean fuels.
(F) No 8-year old buses to 1.4.2000 ply except on CNG or other clean fuels.
(G) Entire city bus fleet (DTC 31.3.2001 & Private) to be steadily converted to single fuel mode on CNG.
