The main legal point established in the judgment is that the State Government and other authorities have a duty to enforce statutory provisions and take expeditious steps to reduce air pollution caused by automobiles.

1. Shri. Murali Purushothaman is an advocate practising in the High Court of Kerala. He filed this Original Petition for espousing a public cause of great moment. It is an undeniable reality that the air on and around most of the public roads in Kerala is saturated with carbon monoxide emitted from fuel propelled automobiles. Petitioner has focussed attention on the consequences of air pollution created through uncontrolled and unmitigated automobile spitting and hence prays for appropriate directions to be issued to the officials concerned for enforcing the statutory measures to reduce the gravity of the problem.

2. According to the petitioner, the gaseous pollutants emitted by vehicles plying through the streets of Kerala are highly harmful and hazardous to living creatures, particularly human-beings. Petitioner contends that inhalation of such pollutants leads to diseases like cancer and tuberculosis and points out that statutory provisions for reducing the density of such hazardous substances emitted by automobiles have not been implemented by the authorities.

3. Automobiles can be ranked as one of the chief sources of air pollution. Vehicles pump out billows of carbon monoxide, hydrocarbons, and nitrogen oxides into the air by burning gasoline. Problem of air pollution through automobiles plying on the roads in Kerala has been gradually snowballing into a dimension of threat to life, though such problem is not peculiar to this State. I am told that some other State Governments have adopted measures to contain the problem to a great extent in cities like Bombay and Bangalore.

4. In United States, Environmental Protection Agency (EFA) was formed which has set some standards for restricting the amount of pollution produced by new vehicles. The Federal Clean Air Amendments Act of 1970 was passed requiring reduction of the carbon monoxide emission. In 1976 United States achieved reduction in carbon monoxide saturation in the air by a substantial degree. Automakers were compelled to install devices called "Catalytic Converters" on the exhaust system of new cars for converting gases to harmless carbon dioxide and water. Later European automakers also adopted Catalytic Converters and fitted them with automobiles. But unfortunately, the progress achieved in India remained by and large poor.

5. Rules have been incorporated in the Central Motor Vehicles Rules, 1989 (for shortt the Rulest) taking cue from S.20 of Air (Prevention and Control of Pollution) Act, 1981 (for short Air Pollution Act). R.115 of the Rules provides for fixation of a standard for emission of smoke, vapour etc., from motor vehicles and directs that "every motor vehicle shall be manufactured and maintained in such condition and shall be so driven that smoke, visible vapour, grit, sparks, ashes, cinders or oily substance do not emit therefrom". R.116 of the Rules provides for adoption of tests for smoke as well as carbon monoxide level emitted from motor vehicles. The Rule also empowers officers not below the rank of Sub Inspector of Police or Inspectors of motor vehicles to take action against drivers of those vehicles which emit smoke and/or other substances in excess of the emission limit.

6. R.115(2) of the Rules says that on and from the date of commencement of the rate every motor vehicle shall comply with the standards laid down therein.

7. Under S.20 of the Air Pollution Act State Government is under an obligation to give such instructions to the authorities in charge of registration of motor vehicles as are necessary to ensure compliance with the standards fixed by State Pollution Control Board regarding emission of air pollutants from automobiles. R.116 of the Rules deals with other duties of State Government in that regard. It is appropriate to extract the said rule in this context. It reads thus:"

"116. Test for smoke emission level and carbon monoxide level for motor vehicles. (1) Any officer not below the rank of a Sub Inspector of Police or an