SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1999 Supreme(SC) 569

1999 (9) Supreme 523
SUPRME COURT OF INDIA
Dr. A.S. Anand, CJI., B,N, Kirpal and V.N. Khare, JJ.
M.C. Mehta -Petitioner
versus
Union of India and Ors. -Respondents.
Writ petition (C) No. 13029 of 1985
With
IAs Nos. 33, 34, 35, 37, 38, 39, 40 and 41 in W.Ps. (C) No. 13029 of 1985 with No. 939 of 1996 with SLP (C) No. 13208 of 1998
Decided on 29-4-1999

Headnote:Environment Protection Law-Pollution Control-Vehicular pollution in National Capital Region-Emission standards for vehicles-Restrictions for registration of vehicles in HCR-All private (non-commercial) vehicle shall conform Euro I norms by 1.6.1999 and Euro II norms by 1.4.2000-Private (non-commercial) vehicle conforming to Euro II norms may be registered in NCR without any restriction-W.e.f. 1999, 250 diesel-Driven vehicles per month and 1250 petrol driven vehicles per month may be registered on basis of first-cum-first serve basis till 1.4.2000 only if they conform to Euro I norms-From 1.4.2000 no vehicle shall be registered unless it conforms it conforms to Euro II norms.

       All private (non-commercial) vehicles which conform to Euro II norms may be registered in NCR without any restriction. All private (non-commercial) vehicles shall conform To Euro I norms by 1-6-1999. All private (non-commercial) vehicles shall conform to Euro II norms by 1-4-2000. Vehicles may in the meanwhile be registered in the manner indicated below : With effect from 1-5-1999, 250 dieseldriven vehicles per month and 1250 petrol-driven vehicles per month may be registered on first-cum-first serve basis in NCR, till 1-4-2000 only if they conform to Euro I norms. From 1-4-2000 no vehicle shall be registered unless it conforms to Euro II norms. The directions given by us apply both the diesel as well as petrol-driven cars (private non-commercial vehicles). These directions are made only as an interim arrangement till further orders. (Paras 3 to 4)

       

ORDER

1. Notwithstanding the enactment of the Environment (Protection) Act, 1986, decline in the quality of environment continues. This prima facie shows a failure on the part of the authorities to perform their oblgation under the constitutional scheme and the mandate of the Act. Concerned by the effects of the vehicular pollution on the health of the citizens, particularly in the National Capital Region (NCR), this Court has given directions from time to time to the State/Union as well as other authorities but it appears that dispite those directions and the concern expressed by the Court, the pollution level is on the increase and not on the decrease. It is serious matter.

2. Bhure LaL Committee, which was constituted by an order of this Court on 7-1-1998, has been submitting its reports from time to time and in the report submitted to this Court on 1-4-1999, it was pointed out that the private (non-commercial) vehicles comprise 90% of the total number of vehicles plying in NCR. The report also indicated that more than 90% of nitrogen oxide (NOx) and respirable particulate matter (RSPM) from vehicle exhausts over Delhi is due is diesel emissions which is a serious health hazard. On 16-4-1999. after taking note of the report of Bhure Lal Committee, this Court had issued certain directions including a direction to the learned Additional Solicitor General to inform the Court, on an affidavit of a responsible officer, about the number of diesel and petrol-driven private vehicles registered in NCR in 1997, 1998 and 1-1-1999 to 31-3-1999. That information has been furnished though it is totally incomplete.

3. After considering the suggestions made by Bhure Lal Committee and in the application filed by the learned amicus and hearing learned counsel for various parties (automobile manufacturers), it appears appropriate to us to issue the following directions :

1. All private (non-commercial) vehicles which conform to Euro II norms may be registered in NCR without any restriction.

2. All private (non-commercial) vehicles shall conform To Euro I norms by 1-6-1999. All private (non-commercial) vehicles shall conform to Euro II norms by 1-4-2000. Vehicles may in the meanwhile be registered in the manner indicated below :

With effect from 1-5-1999, 250 dieseldriven vehicles per month and 1250 petrol-driven vehicles per month may be registered on first-cum-first serve basis in NCR, till 1-4-2000 only if they conform to Euro I norms. From 1-4-2000 no vehicle shall be registered unless it conforms to Euro II norms.

The directions given by us apply both the diesel as well as petrol-driven cars (private non-commercial vehicles).

These directions are made only as an interim arrangement till further orders.

3. So far as the ban on the registration of diesel-dirven taxis is concerned, that shall be strictly enforced, unless the taxis also conform to Euro II norms. In other words no taxi (diesel) shall be registered with immediate effect unless it conforms to Euro II norms.

4. With a view to faciliatate registration in the manner indicated above, the registering authority may register the vehicle concerned on a certificate of the manufacturer, duly authenticated by the authorised officer certifying that the vehicle concerned conforms to Euro I/Euro II norms.

5. At the request of the learned Additional Solicitor General, we grant liberty to the Union of India to seek variation/modification of this order if on the basis of some data, it is considered necessary to do so.

IAs Nos. 37, 39, 41

4. Copies of the applications shall be forwarded to Bhure Lal Committee which is requested to examine the matters and submit its report/recommendations after granting opportunity to the automobile manufacturers likely to be affected by our directions to make their submissions in this behalf. Further report of Bhure Lal Committee may be sent to this Court within 8 weeks.

5. Lis






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top