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1999 Supreme(SC) 520

SUPREME COURT OF INDIA
M. C. MEHTA
Vs.
Union of India
Decided on April 16, 1999

The court has the authority to direct the suspension of registration of diesel vehicles in response to environmental concerns and the harmful effects of diesel emissions on public health.

Headnote:

Environmental Law - Diesel Vehicles - The court directed the suspension of registration of diesel vehicles due to the rise in environmental pollution and the harmful effects of diesel emissions on the health of citizens.

Fact of the Case:

The court considered the rise in environmental pollution due to extensive use of diesel vehicles in Delhi and the harmful effects of diesel emissions on the health of citizens.

Finding of the Court:

The court directed the suspension of registration of diesel vehicles and requested information on the number of diesel and petrol-driven private vehicles registered in the National Capital Region.

Issues: Rise in environmental pollution, harmful effects of diesel emissions, suspension of registration of diesel vehicles, compliance with court directions.

Ratio Decidendi: The court's decision was influenced by the gravity of the environmental situation, the serious health effects of diesel emissions, and the need for compliance with court directions.

Final Decision: The court directed the suspension of registration of diesel vehicles and requested information on vehicle registrations to consider the grant of the prayer made by the learned Amicus.

( 1 ) BHURE Lal Committee has submitted its Report dated 1/04/1999. A perusal of the Report reveals that private (noncommercial) vehicles comprise 90% of the vehicles plying in Delhi. It is estimated that more than 90% of the Nitrogen Oxide (NOx) and respirable particulate matter (RSPM) from vehicular exhaust over Delhi is due to diesel emissions. Impairment of visibility and haze-like conditions are also attributed to tiny suspended particulate matter in the air. Based on the report of its scientific panel, the california- Air Resource Board formally designated diesel particulate as a Toxic Air contaminant on 27/08/1998 thereby declaring that it had the potential to cause cancer. It was estimated that chronic exposure to such toxic air contaminant would lead to 300 additional cases of lung cancer per million people. It is indeed a matter of serious concern - the very right to file of the citizens is at stake.

( 2 ) IT is noticed that more and more private vehicles (non-commercial) are turning to diesel as the fuel of choice primarily because of the price differential between diesel and petrol. On account of extensive use of diesel there is rise in environmental pollution at a phenomenal level in the National Capital territory of Delhi. Learned Amicus has filed an application seeking certain directions. One of the prayers made in the application is to direct the respondents "to forthwith suspend registration of diesel vehicles until further orders". Considering the gravity of the situation and taking note of effects of diesel exhaust on the health of the citizens which are of extremely serious nature, we direct 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 N. C. R. in 1997 and in 1998. The affidavit should also disclose the number of registered private vehicles (both petrol and diesel separately) from 1/01/1999 to 31/03/1999. This information would be necessary to consider the grant of prayer made in the application filed by the learned Amicus. The information with regard to the vehicles would, of course include information with regard to two wheelers and three wheelers registered during the same period also. Their figures shall be given separately.

( 3 ) (THE affidavit shall be filed by the learned Additional Solicitor General at least two days prior to 29/04/1999 with an advance copy to the learned Amicus.)

( 4 ) MR. F. S. Nariman, learned Senior counsel appearing for one of the automobiles manufacturers - TELCO - submits that without further improvement in the quality of diesel, it may not be possible to control fully the harmful emissions but that he would have it examined through the Research and development (R and D) wing of TELCO whether it is not possible to make certain modifications in the system of the vehicles to achieve EURO-II or even stricter norms to get best out of the vehicles operating on diesel by reduction of emission of sulphur content. It is submitted by him that TELCO has adopted some modifications and is also in the process of modifying the system further to achieve EURO-II norm to reduce to some extent the harmful effects of diesel emission through diesel operated vehicles. Mr. Nariman shall have the matter examined and file a report in this court.

( 5 ) A copy of the application filed by the learned Amicus shall also be forwarded to bhure Lal Committee to consider prayer c made therein and advise the court.

( 6 ) LIST on 29/04/1999 at 10. 30 A. M.

( 7 ) LEARNED Amicus has been supplied with copies of I. A. No. 33 filed on behalf of dtc seeking modification/clarification of directions dated 28/07/1998 and the application filed by the union of India seeking extension of time for implementation of thedirections given by this court regarding introduction of unleaded petrol in the country and conversion of old vehicles in Delhi to use cng. Both these applications shall be lis


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