Supreme Court Of India
M. C. MEHTA
Versus
UNION OF INDIA
Decided on : December 6, 2001
A. Motor Vehicles Act, 1988, Section 177 - Wearing of seat belts - Government of India, Ministry of Road Transport and Highways has sent a communication to the Secretaries/Commissioners and to the Director Generals of Police to the effect that it should be ensured that the driver and the person seated in the front seat wear the seat belts while the vehicle is in motion- Directions issued to give wider publicity in this regard, through the medium of television and advertisement in newspapers, both in the national as well as in the regional languages and in the regional televisions and newspapers- Violation of this provision of law to attract punishment under Section 177 of the Motor Vehicles Act, 1988- Regarding wearing of seat belts in the rear seat, ASG stated that notification will be issued making it mandatory for wearing such seat belts with effect from 1st October, 2002 [Paras 3 to 5]
B. Quality of High Speed Diesel and Petrol- Additional Solicitor General placed on record an affidavit on behalf of Union India, along with amendment order 2001, issued on 29th October, 2001 - It gives statutory recognition to the quality of High Speed Diesel and Petrol, which is required to be supplied in NCR of Delhi- Learned ASG directed to inform the Court as to when in the rest of the country, the quality of High Speed Diesel and Petrol be brought up to the level of Delhi. [Para 6]
C. Rates of Taxi/TSRs in Delhi- In the Status Report, filed by the Delhi Traffic Police it was stated that Fare Charts indicating the rates of Taxi/TSRs in Delhi were regularly printed and distributed among the general public- Serious allegations with regard to the TSRs/Taxi's meters being tampered and not properly calibrated- NCR, Delhi directed to ensure that every taxi and TSR in Delhi will have installed in the vehicle a tamper proof meter, whether electronic or working on any
D. Vehicular standards- Vehicles transiting through Delhi not adhering to the vehicular standards which are applicable in Delhi, namely, they werenot Euro-II compliant nor were they using low sulphur and low benzene fuel- Proposal issued that with effect from 15th January, 2002 no heavy, medium or light goods vehicles will ply on inter-state routes by passing through Delhi or New Delhi- Only those goods vehicles which on payment of octroi/toll tax carry goods to or from Delhi would be allowed to ply- The Commissioner of Police is directed to formulate a Scheme in this behalf and give due publicity to all concerned and implement the same. ( Paras 8and 9 )
( 1 ) AN interim report has been received from Mr Bhure Lal. He is granted eight weeks time to furnish a further report. He is also requested to see that surprise checks are carried out as directed in our order dated 22-1 l-2001.
( 2 ) MR Mukul Rohatgi, learned Additional Solicitor General states that the government of India, Ministry of Road Transport and Highways has sent a communication dated 23-11-2001 to the Secretaries/commissioners of all the state Governments and Union Territories as well as to the Directors General of Police of the respective State Governments to the effect that it should be ensured that the driver and the person seated in the front seat wear the seat belts while the vehicle is in motion.
( 3 ) ACCORDING to the Union of India, therefore, all over India, this requirement has to be complied with, namely, the passenger sitting in the front seat and the driver must compulsorily wear the seat belts. Mr Rakesh dwivedi, learned Senior Counsel draws our attention to a public notice which has been issued by the Government of NCT, Delhi wherein it has been stated that the driver and the person seated in the front seat of the motor vehicle are required to wear seat belts while the vehicle is in motion and any person who contravenes this provision of law is liable to be punished under Section 177 of the Motor Vehicles Act, 1988.
( 4 ) IN our opinion, it will be appropriate if the requirement of wearing the seat belt, by the passenger sitting in the front seat of the motor vehicle and the driver is given wider publicity, through the medium of television and advertisement in newspapers, both in the national as well as in the regional languages and in the regional television and newspapers. In this regard the chief Secretaries of each State should ensure that due publicity in regard thereto is given and it will be their responsibility to ensure compliance with wearing the seat belts by the driver and the passenger in the front seat in the motor vehicle.
( 5 ) WITH regard to the wearing of seat belts in the rear seat, Mr Rohatgi, learned Additional Solicitor General submits that notification will be issued making it mandatory for wearing such seat belts with effect from 1-10-2002. This statement is recorded.
( 6 ) THE Additional Solicitor General has placed on record an affidavit of mr V. K. Cherian on behalf of the Union of India, along with which amendment Order, 2001, issued on 29-10-2001 has been filed. This gives statutory recognition to the quality of high-speed diesel and petrol, which is required to be supplied in NCR of Delhi. Mr Rohatgi, learned Additional solicitor General will also inform the Court as to when in the rest of the country, the quality of high-speed diesel and petrol be brought up to the level of Delhi.
( 7 ) IN the status report, which has been filed by the Delhi Traffic Police it has been stated that fare charts indicating the rates of taxis/tsrs in Delhi are regularly printed and distributed among the general public. There is reference also to the complaint cards which are printed and distributed. It is common knowledge that there are serious allegations with regard to the TSR/taxi meters being tampered and not properly calibrated. We, hereby, direct NCR, delhi to ensure that every taxi and TSR in Delhi will have installed in the vehicle a tamperproof meter, whether electronic or working on any other system, with effect from 1-2-2002.
( 8 ) IT appears that vehicles which transit through Delhi do not adhere to the vehicular standards which are applicable in Delhi, namely, they are not euro II-compliant nor are they using low sulphur and low benzene fuel. There is no reason why very large number of goods vehicles should transit through Delhi thereby adding to the pollution level and the traffic on the road.
( 9 ) IT is, therefore, proposed that with effect from 15-1-2002 no heavy-, medium- or light-goods vehicles will ply on inter-State routes by passing through Delhi or New Delhi. It is onl
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.