1. State obligation — Mandatory compliance with court directions issued in the general public interest. (Para 5 )
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1998 Supreme(SC) 1182
1998(9) Supreme 142
Supreme Court of India
(Under Article 32 of Constitution of India)
Dr. A.S. Anand, CJI., B.N. Kirpal & V.N. Khare, JJ.
M.C. Mehta -Petitioner
versus
Union of India & Ors. -Respondents
Writ Petition (C) No. 13029 of 1985
Decided on 1-12-1998
Counsel for the Parties :
For the Appearing Parties : Santosh N. Hegde, Solicitor General, H.N. Salve, Sr. (AC), P.P. Malhotra, Shanti Bhushan, Dr. Rajeev Dhawan, Sr. Advocates, U.U. Lalit, Advocate (A.C.), M.C. Mehta-in-Person (NP), S. Wasim, A. Quadri, Ms. Anil Katiyar, Ms. Indra Sawhney, Ms. Anubha Jain, Arvind Kumar Sharma, Ms. Niranjana Singh, Ms. Sushma Suri, Aruneshwar Gupta, Prashant Bhushan, Sanjeev Kapoor, Videha Upadhyay, Vijay Panjwani, V.B. Saharya, Anil Kumar Mittal, in-person, Anil Sood, in-person, Sushil Kumar Jain, Pradeep Aggarwal, A.P. Dhamija, Umesh Bohare, A. Mishra, L.P. Singh, Atul Sharma, M.A. Chinnaswamy, R.K. Kapoor, P. Verma, Anis Ahmad Khan, Jayant Nath, Rakesh Sharma, R. Sasiprabhu, R.K. Maheshwari, Ashok Mathur, Ranjit Kumar, Ejaz Maqbool, Hardeep Singh Anand, S.K. Srivastava, L.K. Pandey, S.B. Upadhah, S.R. Setia, Sanjay Parikh, Mahabir Singh, Dimesh K. Garg, R.P. Gupta, Ms. Binu Tamta, R.C. Verma, Sri Narain, Vineet Kumar, P.K. Bakshi, Prem Malhotra, Ms. Rani Chhabra, N.D. Garg, Advocates.
The Court emphasized the executive's duty to curb vehicular pollution and manage traffic for public safety. It issued mandatory directions regarding speed control devices, driver qualifications for school buses, bus lane segregation, and strict compliance mechanisms to protect the environment and ensure public welfare.
Headnote:Control of Traffic-In National Capital Territory of Delhi-Vehicular Pollution-Chaotic traffic conditions - Necessity to safeguard public safety-Directions given by Supreme Court in its earlier orders -In action on the party of executive-New Delhi Municipal Corporation, Public Works Department, Delhi Development authority, Delhi Transport Authority directed to take all steps to implement directions to regulate traffic-Solicitor general directed to file status report detailing action taken-Union of India directed to publicise directions given by Supreme Court in print as well as in electronic media. (Paras 1 & 6)
Legal Category Hierarchy
Table of Contents
2. Mandatory directions — Speed control devices — Bus lane segregation — Driver identification — School bus driver criteria — Publicity of orders. (Para 2 , 3 , 4 , 6 )
3. Is the State obligated to comply with court directions issued in the public interest?
Yes, directions issued in the general public interest must be complied with, and it is the obligation of the State to ensure such compliance, which may include the appointment of Court Officers. (Para 5 )
4. Do court directions on traffic and pollution override other administrative or judicial orders?
Yes, directions relating to vehicular pollution and traffic conditions shall be carried out notwithstanding any other order or directions given by any authority, court, or tribunal. (Para 6 )
Order
This writ petition was filed in 1985. More than a decree has gone by. Various aspects for improvement of environment were highlighted in the petition including the one relating to proper management and control of traffic in the National Capital Region and the National Capital Territory of Delhi with a view to ensure adequate safeguards necessary for public safety. Besides this, vehicular pollution was also highlighted and the need for remedial steps convassed to take care of the chaotic traffic conditions which have given rise to road accidents resulting in death and bodily injury to the citizens. To control vehicular pollution and protect environment is primarily the function of the executive. It is their obligation to devise suitable measures and provide machinery for rigid enforcement of such measures as are necessary to curb the menace of chaotic traffic conditions and vehicular pollution with a view to ensure the welfare of general public. The inaction on the part of the executive, however, impelled this Court to issue certain directions from time to time in this writ petition, but precious little appears to have been done despite those directions. Before we consider the question of holding somebody responsible and accountable, we consider it appropriates to repeat some of the directions which had been issued on November 20, 1997 and on subsequent dates and direct their strict compliance, We direct:
“(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 concerned authorities 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 bus stops constructed, appropriate markings made and ‘bus-bays’ built at such places as may be indicated by transport/police authorities.
(e) Every holder of a permit issued by any of the road transport authorities in the NCR and NCT, Delhi will within ten days from today, file with its RTA a list of drivers who are engaged by him together with suitable photographs and other particulars to establish the identity of such persons, Every vehicle shall carry a suitable photograph of the authorised driver, duly certified by the RTA, Any vehicle being driven by a person other than the authorised driver shall be treated as being used in contravention of the permit and the consequences would accordingly follow.
(f)
