The main legal point established in the judgment is the authority of the court to issue directions for the control and reduction of auto emissions based on the Motor Vehicles Act, 1988, and the recommendations of a Committee.

Headnote:
Auto Emission Control - Public Interest - Motor Vehicles Act, 1988, Section 59, India 2000 norms, EURO-II norms - The court issued directions to control and reduce auto emissions from motor vehicles plying in Mumbai. It considered the adverse health effects of auto emissions and the recommendations of a Committee appointed to reduce vehicular pollution. The court directed the phasing out of old vehicles and conversion to clean fuel, such as CNG or LPG, based on the age of the vehicles.
Fact of the Case:

The Smoke Affected Residents Forum filed a writ petition seeking directions to control and reduce auto emissions from motor vehicles in Mumbai due to the adverse health effects of auto emissions.
Finding of the Court:

The court found that auto emissions had caused incalculable damage to the health of Mumbai residents and issued directions to phase out old vehicles and convert them to clean fuel.
Issues: The issues involved the adverse health effects of auto emissions, the availability of clean fuel, and the phasing out of old vehicles.
Ratio Decidendi: The court relied on the recommendations of a Committee and the Motor Vehicles Act, 1988, Section 59 to issue directions for the phasing out of old vehicles and conversion to clean fuel.
Final Decision: The court directed the phasing out of old vehicles and conversion to clean fuel, such as CNG or LPG, based on the age of the vehicles.

JUDGMENT - B.P. SINGH, C.J.:---The instant writ petition has been filed in public interest by the Smoke Affected Residents Forum seeking appropriate directions from this Court with a view to control and reduce auto emission from motor vehicles plying in the City of Mumbai. The inaction of the authorities has exposed 14 million inhabitants of this Metropolis to the menace of auto emission, which has caused incalculable damage to the health of the inhabitants of Mumbai on account of oxides of Nitrogen, respirable suspended particulates and carbon monoxide (CO), causing serious environmental pollution. In the petition, the petitioners have averred facts substantiating their allegations and justifying directions prayed for in the writ petition. Several prayers have been made in the writ petition, some of them dealing with directions regarding consumption of unleaded petrol, reduction of sulphur content in diesel oil, issuance of P.U.C. certificate, vehicles conforming to EURO-I norm and EURO-II norm, etc. It is also prayed that all commercial road transport vehicle, which are more than 15 years old, be phased out, and some restrictions be placed on commercial transport vehicles, whether registered in Mumbai City or outside, but which ply in Mumbai. Similar directions are sought in regard to three-wheeler and two-wheeler motor vehicles. It is also prayed that no motor vehicle such as cars, including taxis, trucks, buses, two-and three-wheelers, be registered, unless they conform to EURO-II norm after the 1st August, 2000.

2. In the writ petition, orders and directions have been issued from time to time. The first significant order was passed on the 17th September, 1999, which noticed that auto-emission had reached dangerous levels, and was causing incalculable damage to the health of residents of the city. Reference was made to the views of some of the leading doctors and eminent cardiologists who have averred that up to 40% of the inhabitants of Mumbai suffer from numerous respiratory diseases and illnesses such as asthma, bronchitis, etc. These are on account of the air pollution in Mumbai. Some data was also provided to highlight the adverse effect on the constables and taxi drivers. Children are most vulnerable to air pollution, and the studies conducted by Dr. Kamat showed that the children in Mumbai have marked stunted development of lungs when compared to children in Madras. This Court also noticed the directions issued by the Apex Court dealing with the same problem in the National Capital Region in the light of the mandate of Articles 21, 47 and 48-A of the Constitution of India. The order also notices that the Governor of Maharashtra had convened a High Level Meeting to address the issue of Environment Protection in Mumbai, and pursuant to the decision taken in that meeting, the Central Pollution Control Board prepared a Draft Action Plan for Control of Pollution in Mumbai and its neighbouring areas. The Preamble of the Draft Action Plan recognised the unprecedented growth during the last 50 years, which was not without ecological degradation, lowering of living standards and shortfalls in basic infrastructure as well as civic amenities and the problem being further compounded due to unabated migration into the city. It recognised that to sustain the development and population in the region, urgent steps are required to be taken by raising the level of enforcement through systematic implementation of action plan over a period of time. This Court asked for certain particulars from the authorities with regard to the number of old vehicles being plied in Mumbai, the quality and nature of fuel being available, the outlets presently available for supply of such fuel and the requirement of the number of outlets. However, the Court was pleased to issue two directions forthwith which are as follows:---

(i) No private (non-commercial) vehicle, which does not conform to India 2000 norms, as per Government of India Notification date

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