1. Ban on old commercial vehicles to reduce traffic and pollution in the National Capital Territory. (Para 1 )
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1998 Supreme(SC) 1018
1998(7) Supreme 461
Supreme Court of India
(Under Article 32 of the Constitution)
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 1985
Decided on 22-9-1998
Counsel for the Parties :
For the Appearing Parties : Santosh Hegde, Solicitor General, Altaf Ahmed, Additional Solicitor General, Harish N. Salve, Sr. Advocate (AC) P.P. Rao, Sr. Advocates, (Uday Umesh Lalit) Advocate (AC), (Ms. Priya Kumar), Advocate for Prashant Bhushan, Ms. Binu Tamta, S.W.A. Qadri, Ms. Anes Ahmed, Mr. Anil Katiyar, Mrs. Indra Sawhney, Ms. Kanupriya Mittal, Harish Chandra, Arvind K. Sharma, Mrs. Anbuha Jain, Sushil Kr. Jain, Pradeep Aggarwal, A.P. Dhamija, Umesh Bohare, A. Mishra, L.P. Singh, Shri Narain, Sandeep Narain, Pradeep K. Bakshi, Ashok Mathur, R. Sasiprabha R.K. Maheshwari, V.B. Saharya, P. Parmeswaran, Ranjit Kumar, Ejaz Maqbool, Hardeep Singh Anand, Vijay Panjwani, R.P. Gupta, Vineet Kumar, Anis Ahmed Khan, L.K. Pandey, S.B. Upadhyay, S.R. Setia, Sanjay Parikh, D.S. Mehra, Advocates.
Important Points
The Court implemented a phased ban on commercial vehicles over 15 years old in Delhi to combat vehicular pollution and traffic congestion. Vehicles were phased out based on age (over 20, 17-19, and 15-16 years) to mitigate hardship, regardless of where they were registered.
Subject
Environmental Law - Vehicular Pollution Control
Act Referred
Headnote
Air (Prevention and Control of Pollution) Act, 1981 - Vehicular pollution-Supreme Court’s direction not to permit plying commercial vehicles which are more than 15 years old in National Capital Territory of Delhi with effect from 2.10.1998-Government’s plea to relax rigour of order by allowing it to phase out all vehicles gradually-To mitigate hardship pointed out order modified-Commercial/ transport vehicle which are more than 20 years old not to be allowed to ply from 2.10.1998-Vehicles 17 to 19 years old not to be permitted to ply after 15.11.1998-Vehicles 15 years and 16 years old not to be permitted to ply after 31.12.1998. (Paras 3 to 10)
Legal Category Hierarchy
Table of Contents
2. Immediate ban on commercial vehicles over 15 years old would cause significant hardship to vehicle owners and the general public. (Para 2 )
3. A phased ban based on vehicle age is necessary to mitigate public hardship while addressing pollution and traffic conditions. (Para 4 )
4. Environmental and traffic management objectives may be balanced against public hardship through the phased implementation of vehicle age-based bans. (Para 4 )
5. Phased ban on commercial vehicles based on age and immediate ban on unregistered or untaxed commercial vehicles. (Para 4 , 5 , 6 , 7 )
6. Can a blanket ban on old vehicles be modified to mitigate public hardship?
Yes, the court may modify a blanket ban to a phased approach based on the age of the vehicles to reduce hardship to owners and the public while still achieving pollution control. (Para 4 )
7. Does a ban on old commercial vehicles apply to vehicles registered outside the territory?
Yes, the ban applies to all commercial/transport vehicles regardless of whether they are registered within the National Capital Territory or outside, provided they ply within the territory. (Para 5 )
8. What is the legal status of commercial vehicles plying without registration or road tax payment?
Commercial/transport vehicles plying without payment of road tax or registration are not permitted to ply and are subject to an immediate ban. (Para 7 )
Order
With a view to tackle problems arising out of chaotic traffic conditions and vehicular pollution and not being satisfied with the steps taken by the concerned authorities in addressing themselves to those problems, this Court issued certain directions accepting the report of Bhure Lal Committee, as it was felt by the Court that any further delay in the performance of its duty by the Administration could not be permitted. At this stage, we are concerned only with the direction issued by this Court to the effect that all commercial vehicles which are more than 15 years old shall not be permitted to ply in the National Capital Territory of Delhi with effect from 2nd October, 1998.
2. An affidavit has been filed by Shri S. Raghunathan, Principal Secretary-cum-Commissioner Transport, Government of National Capital Territory of Delhi on 28th August, 1998. The learned Solicitor General appearing for the Administration submits that phasing out and banning all commercial vehicles which are more than 15 years old by October 2, 1998 would lead to great hardship to the owners of those vehicles in particular and to the general public which makes use of those vehicles in general. It is, therefore, submitted by him that we may relax the rigour of the order regarding banning of 15 years old commercial/transport vehicles with effect from 2nd October, 1998 and he assures the Court that the Administration itself is keen to phase out all such vehicles gradually to ease the pollution level in the city. It is submitted that the ban order may be applied in phases.
3. A chart has been filed by the learned Solicitor General giving a break up of the count of the number of commercial/transport vehicles which have paid road tax atleast once after 1st April, 1997 yearwise. According to that chart we find that the number of commercial/transport vehicles are:-
(a) More than 25 years old. 5,718
(b) Between 24 and 25 years old. 954
(c) Between 23 and 24 years old. 635
(d) Between 22 and 23 years old. 524
(e) Between 21 and 22 years old. 748
(f) Between 20 and 21 years old. 770
Thus, the total number of vehicles which are more than 20 years old are 9,349. These vehicles are all commercial vehicles which have been registered and on which road tax has been paid.
The count of vehicles which are more than 15 years but less than 20 years old are:-
(a) Between 17 to 19 years 3,200
(b) Between 15 to 16 years 4,962
4. To mitigate the hardship, as pointed out by learned Solicitor General and taking note of the assurance given by him, we modify our previous order and direct that:
(a) all commercial/transport vehicles which are more than 20 years old (9,349) shall be phased out and not permitted to ply in the National Capital Territory Delhi after 2nd October, 1998;
(b) all such commercial/transport vehicles which are 17 to 19 years old (3, 200) shall not be permitted to ply after 15th November, 1998;
(c) such of the commercial/transport vehicles which are 15 years and 16 years old (4, 962) shall not be permitted to ply after 31st December, 1998.
5. This order shall apply to all commercial/transport vehicles whether registered in the National Capital Territory of Delhi or outside (but ply in Delhi) which are of more than the stipulated age.
6. This ban order shall also be applicable to all such vehicles which do not have any authority or permit to ply in the National Capital Territory of Delhi.
7. Apart from the commercial/transport vehicles which are registered, as noticed above, we are informed that there are vehicles whic
