SUPREME COURT OF INDIA
A.M. Ahmadi, C.J.I., K. Venkataswami, Sujata .V. Manohar, JJ.
M. C. MEHTA AND OTHERS, PETITIONERS
Versus
UNION OF INDIA AND OTHERS, RESPONDENTS.
Writ Petition (C) No. 13029 of 1985 with W.P. (C) No. 9300 of 1982,
decided on February 14, 1996.
Constitution of India, 1950 - Automobile manufacturers states – Controversy - According to programmed which was chalked out in this behalf low lead petrol was to be supplied in four metros at all outlets by December - This target was achieved even before that date by June - Target for supplying reduced lead content petrol entire country was fixed as December and court are assured by that Ministry of Petroleum and Natural Gas is proceeding full steam to ensure that target is met and reduced lead content petrol becomes available in entire country – Held, It is therefore obvious that difficulty procuring kit no more exists - Next difficulty is in regard to setting up of mother station for compressor - Letter written by Director Personnel that compressor was ordered and was ready for dispatch from Bharat Pumps & Compressors Ltd Nain but same had to be diverted to Baroda as had failed to provide land for installation compressor in Delhi - It is stated that compressor being costly equipment could not be kept idle as it would deteriorate by passage of time and therefore it became necessary to divert it to Baroda where land was available - Letter further states that as soon as DDA makes available required land at suitable location GAIL would be able to provide new compressor - Court are told that had initially offered land at Place at Kale Khan but later they changed their mind and offered land which was not suitable at distant place - Counsel for DDA states that he would take instructions and report on development - Court are afraid that matter cannot be allowed to snowball in that fashion - Instructions ought to have been taken and in Court should have been apprised of developments that have taken place so far - This matter which cannot brook delay - Court expect DDA to show sense of urgency - It is lack of that which has necessitated diversion of one compressor that is sad commentary - Court would therefore like DDA to place on record next week what action it has taken in this behalf – Order accordingly
ORDER
1. Pursuant to the order of 21-10-1994 and followed by an order dated 28-3-1995, certain directions were given in regard to the supply of lead-free petrol in the four metros and the supply of 0.15 g/l petrol at all the outlets in the four metros as well as in the rest of the country. According to the programme which was chalked out in this behalf, low-lead petrol of 0.15 g/l was to be supplied in the four metros at all the outlets by December 1994. This target was achieved even before that date by June 1994. The target for supplying the reduced lead content petrol of 0.15 g/l in the entire country was fixed as December 1996 and we are assured by the learned ASG that the Ministry of Petroleum and Natural Gas is proceeding full steam to ensure that the target is met and the reduced lead content petrol of 0.15 g/l becomes available in the entire country. As far as supply of unleaded petrol, i.e., petrol with a lead content of less than 0.013 g/l is concerned, a three-phase programme was drawn up. In the first phase, introduction of unleaded petrol in the four metros through selected retail outlets was to be completed by 1-4-1995 and this target has since been achieved. It was further directed that norms for the year 2000 be discussed and this was to be finalised within six months, which, we are told, has been done and according to the programme drawn up, the Phase II programme for extension of unloaded petrol to capitals of all States and major towns is proposed to be achieved from 1998 and we are told that the Ministry has finalised the plans for ensuring the implementation of that decision and thereafter in Phase III, unleaded petrol would be made available in the entire country at selected retail outlets by April 2000. Once the reduced lead content petrol (0.15 g/l) becomes available in the entire country by December 1996, the situation in regard to emission of smoke and deposit of lead content on vegetation, etc., will considerably ease. We do hope that while the Phase II and Phase III programme for supply of unleaded petrol has been targeted as 1998 and 2000, the Ministry concerned will try to meet the targets even before the target dates.
2. The learned counsel for the automobile manufacturers states that as per this Courts order, all new four-wheelers sold in the four metros after 1-4-1995 have been equipped with catalytic converters. So far as that statement is concerned, there is no controversy. Mr Mehta, however, submitted that the problem has manifested itself in different ways in that car-owners from neighbouring areas bring their vehicles to Delhi and use them in Delhi for long periods without catalytic converters. However, one thing is very obvious that even if that be so, they would be using petrol with 0.15 g/l lead content only. But the second difficulty that he pointed out is of a more serious nature in that he stated that new cars sold with catalytic converters are being tampered with and the converters are got removed at a low cost of around Rs 300 with the result that even new vehicles are plying without catalytic converters. In this connection, we think that the authorities should take a serious view and try to plug the mischief. One way of doing it is that if a new vehicle has been sold in the four metros and registered there and is found without a catalytic converter, the driver/owner of that vehicle should be dealt with and, if necessary, the supporting rule or legislation should be enacted. In the meantime, the Ministry should warn users of such cars that if they are found to be using four-wheel vehicles registered in the four metros after 1-4-1995 and found to be plying without a catalytic converter, they would be dealt with as violating this Courts order. The warning can be issued and all such users made aware of the possibility of they being dealt with for removal of the in-built catalytic converters by the use of media, television, etc. This should be done without loss of time and in any case w
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