1. Vehicular pollution and failure of authorities to implement the Environment (Protection) Act, 1986, causing health hazards from diesel emissions. (Para 1 , 2 )
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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
The Court mandated strict emission standards (Euro I and Euro II) for private and commercial vehicles in the National Capital Region to combat vehicular pollution and protect public health, imposing registration restrictions and deadlines for compliance with these norms.
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)
Legal Category Hierarchy
Table of Contents
2. Submissions by a court-appointed committee, amicus curiae, and automobile manufacturers regarding emission norms and registration restrictions for vehicles. (Para 3 )
3. Authorities failed to perform constitutional and statutory obligations under the Environment (Protection) Act, 1986, as evidenced by increasing pollution levels. (Para 1 , 2 )
4. To mitigate health hazards from vehicular pollution, vehicle registration must be contingent upon compliance with specific emission standards. (Para 3 )
5. Interim directions issued restricting registration of private and commercial vehicles based on Euro I and Euro II emission norms. (Para 3 )
6. What is the court's view on the authorities' performance regarding environmental protection?
The court observed that the continued decline in environmental quality despite the Environment (Protection) Act, 1986, indicates a prima facie failure of authorities to perform their obligations under the constitutional scheme and the Act. (Para 1 )
7. How does the court address the health hazards caused by diesel emissions?
The court identified diesel emissions as a serious health hazard, specifically regarding nitrogen oxide (NOx) and respirable particulate matter (RSPM), leading to the imposition of stricter emission norms for registration. (Para 2 , 3 )
8. What are the registration requirements for private vehicles to mitigate pollution?
Private vehicles must conform to Euro I norms by June 1, 1999, and Euro II norms by April 1, 2000, with interim monthly registration quotas for Euro I vehicles until the latter date. (Para 3 )
9. What is the rule regarding the registration of diesel taxis?
The registration of diesel taxis is strictly banned unless they conform to Euro II emission norms. (Para 3 )
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
