VERY IMPORTANT POINT
Lack of adequate supply of CNG causing concern to Central Air Pollution in Capital City. In the absence of proper response from the governmental authorities, the Apex Court has issued certain directions including imposition of costs per day on plying of diesel in capital from 6.4.2002 in this order for protection and improvement of the air environment in the Capital.

Headnote:(i) Constitution of India-Articles 39(e), 47 and 48A-Directive principles to secure health of the people, improve public health and protect and improve the environment-Environment (Protection) Act, 1986-Section 3-Establishment of Bhure Lal Committee-Fixing time limit to switch over CNG and finding an alternate fuel to diesel in Capital of India-Supreme Court issuing orders and directions-Vehicular pollution-Control by pre-cautionary principle and polluter pays principle-Union of India never opposed changeover to CNG-Prayer (d) that the bus operators should have an option of using either CNG or diesel with 0.05 sulphur content-Court saying that it does not see any justification to grant this prayer at this stage in the order dated 17.9.2001 meant not at this late stage-No modification again.
       Held : When in this order, it was observed that there was no justification to grant prayer (d) "at this stage" it only meant that the question of considering such a request did not arise specially when similar plea for modification had been rejected earlier. The expression "at this stage" only meant at this late stage. The use of the expression "at this stage" cannot be interpreted as permitting the Union of India to once again ask for modification of the Court s order with regard to conversion of the city bus fleet to CNG mode. (Para 12)
       (ii) Control of environment pollution-Vehicular air pollution in Capital-Switchover to CNG-Plea of the Govt. that CNG is in short supply-Whether correct? (No). (Para 13 to 19)
       (iii) Increase in air pollution and respiratory diseases in Capital (Paras 20 to 25)-Duty of Court.
       Held : Under these circumstances, it becomes the duty of this Court to direct such steps being taken are necessary for cleaning the air so that the future generations do not suffer from ill-health. (Para 26)
       (iv) Air Pollution-Vehicular pollution is major source of it-Submission of Union of India that CNG and diesel are not materially different in the matter of air pollution-Whether correct? (No) (Paras 30 to 34)-Result-Shift over to alternate fuel is necessary.
       Held : From the aforesaid, it is clear that the alternative fuel of CNG, LPG and electricity is a preferred technology which critically polluted cities like Delhi need as a leapfrogging technological option. (Para 35)
       (v) Air Pollution-Time for phasing out diesel buses expired-Lack of adequate supply of CNG-Alternate fuel is LPG-No proper response from Govt. Authorities-Need of issuing directions-UOI and NCT of Delhi to file a further report.
       Held : Even though the time for phasing out diesel buses had expired but in view of the situation created by the Government of not cooperating or complying with the Courts order, a different formula has to be worked out so as to cause as little inconvenience to the travelling public as possible, while at the same time punishing the wrong doer. Directions are, therefore, to be issued regarding the lifting of 1500 buses plus phasing out of 800 buses per month. The permits to be given are to be time bound and the continued operation of the diesel buses till they are replaced would require them to pay Rs.500/- per bus per day for 30 days of operation and thereafter Rs.1,000/- per day and the same is to be deposited with the Director of Transport, Delhi. Before concluding on this aspect, we may notice that on a query raised by the Court, the Union of India has informed the LPG has also been permitted to be used as fuel by the transport sector. This can and should be an alternate fuel to CNG available to the users as LPG is, at present, environmentally acceptable. It is for the Government to take steps so as to increase it s supply. We may here note that there are, as per CPCB data, at least nine other polluted cities in India where the air quality is critical. These cities are Agra, Lucknow, Jharia, Kanpur, Varanasi, Faridabad, Patna, Jodhpur and Pune. But there appears to be no effective action plan to address the problem of these cities and the Mashelkar Report ensures their suffering for quite some time. If no immediate action is taken, then it may become necessary for some orders being passed so as to bring relief to the residents of those cities. Lack of adequate supply of CNG has been a cause of concern and has been referred to in the various orders passed by this Court from time to time. In the absence of proper response from the governmental authorities, there is no alternative but to issue the following directions:
        1. The Union of India will give priority to transport sector including private vehicles all over India with regard to the allocation of CNG. This means that first the transport sector in Delhi, and in the other air polluted cities of India, CNG will be allocated and made available and it is only thereafter if any CNG is available, that the same can be allocated to the industries, preference being shown to public sector undertakings and power projects.
        2. I. A. of the Union of India for extension of time to run diesel buses is dismissed with costs of Rs. 20,000/- (Twenty Thousand only). It is made clear, and it is obvious in our constitutional setup, that orders and directions of this Court cannot be nullified or modified or in any way altered by any administrative decision of the Central or the State Governments. The administrative decision to continue to ply diesel buses is, therefore, clearly in violation of this Court s orders.
        3. Those persons who have placed orders with the bus manufacturers, and have not taken delivery of the same shall do so within two weeks from today, failing which their permits shall stand automatically cancelled.
        4. As owners of diesel buses have continued to ply diesel buses beyond 31st January, 2002, contrary to this Court s orders, for the disobedience of the said orders, the Director of Transport, Delhi, will collect from them costs at the rate of Rs. 500/- per bus per day increasing to Rs. 1,000/- per day after 30 days of operation of the diesel buses with effect from tomorrow and the same shall be deposited in this Court by the Director of Transport by the 10th day of every month.
        5. The NCT of Delhi shall phase out 800 diesel buses per month starting from 1st May, 2002. Till all the diesel buses are replaced the bus owners who continue to ply the diesel buses shall pay as per direction No. 4 hereinabove.
        6. For implementing these directions, the Union of India and all governmental authorities, including IGL shall:-
        (a) Allocate and make available 16.1 lakh kg per day (2 mmscmd) of CNG in the NCT of Delhi by 30th June, 2002 for use by the transport sector;
        (b) Increase the above supply of CNG whenever the need arises;
        (c) Prepare a scheme containing a time schedule for supply of CNG to the other polluted cities of India and furnish the same to this Court by 9th May, 2002 for it s consideration;
        (d) It will be open to the Union of India to supply LPG in addition to CNG as an alternative fuel or to supply any other clean non-adulterable fuel as the Bhure Lal Committee may recommend.
        7. The NCT of Delhi had announced a scheme for financing CNG vans, to be run as taxis for SC/ST. We direct a similar financing scheme be framed by the Union of India jointly with the NCT of Delhi whereby those of the permits of owners of diesel buses are cancelled due to non-conversion to CNG the same should, in the first instance, be allotted to SC/ST and to the other weaker sections of the society. Such a scheme should be prepared and implemented and a compliance report be filed within four weeks. The costs deposited under direction (4) above can be utilised in implementing the proposed scheme.
       To come up on 9th May, 2002 for further orders by which date the Union of India and the N.C.T. of Delhi will file a further report. (Paras 44 to 47)

ORDER

Articles 39(e), 47 and 48A by themselves and collectively cast a duty on the State to secure the health of the people, improve public health and protect and improve the environment. It was by reason of the lack of effort on the part of the enforcement agencies, notwithstanding adequate laws being in place, that this Court has been concerned with the state of air pollution in the capital of this country. Lack of concern or effort on the part of various governmental agencies had resulted in spiralling pollution levels. The quality of air was steadily decreasing and no effective steps were being taken by the administration in this behalf.

2. It was by reason of the failure to discharge its constitutional obligations, and with a view to protect the health of the present and future generations, that this Court, for the first time, on 23rd September, 1986, directed the Delhi Administration to file an affidavit specifying steps taken by it for controlling pollution emission of smoke, noise, etc. from vehicles plying in Delhi.

3. The concern of this Court in passing various orders since 1986 has only been one, namely, to protect the health of the people of Delhi. It is only with this objective in mind that directions had been issued in an effort to pursuade the governmental authorities to take such steps as would reduce the air pollution. It is as a result of intervention by this Court that the following measures were taken in controlling pollution to some extent.

(a) lowering of sulphur content in diesel, first to 0.50 and then to 0.05 ;

(b) ensuring supply of only lead free petrol;

(d) directing the supply of pre-mix 2T oil for lubrication of engines of two-wheelers and three-wheelers;

(e) directing the phasing out of grossly polluting old vehicles;

(f) directing the lowering of the benzene content in petrol; and

(g) ensuring that new vehicles, petrol and diesel, meet Euro-II standards by September, 2000.

It was during the course of these proceedings that the Bhure Lal Committee was established under Section 3 of the Environment (Protection) Act, 1986.

4. The Environment Pollution (Prevention and Control) Authority is a statutory authority constituted under Section 3 of the Environment (Protection) Act, 1886, and its directions are final and binding on all persons and organisations concerned. This position has been reiterated by this Court in Sector 14 Residents Welfare Association and Others Vs. State of Delhi and Others, (1999) 1 SCC 161. It is this authority which had directed the phasing out of non-CNG buses. It is the Bhure Lal Committee which had also recommended the conversion to CNG mode and issued directions that non-CNG buses should be phased out.

5. It is the report of the Bhure Lal Committee which was accepted, and orders were passed by this Court on 28th July, 1998, fixing the time limit within which the switch-over to CNG was to take place. It may be mentioned here that the need for finding an alternative fuel to diesel had been drawing the attention of this Court for quite some time. This is evident from the order dated 21st October, 1994, in which it was observed as follows:-

"On an earlier occasion when these matters came up before this Court it was suggested that to begin with of Government vehicles and public undertaking vehicles including public transport vehicles could be equipped with CNG cylinders with necessary modification in the vehicles to avoid pollution which is hazardous to the health of the people living in highly polluted cities like Delhi and the other metros in the country."

Again, in the order dated 28th March, 1995, and 9th February, 1996, long before the receipt of the Bhure Lal Committee report, there is a reference to conversion of government vehicles to CNG, as well as to the installation of CNG stations and kits. It

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2002 Supreme(SC) 443

Cases Referred (2)