1997 Supreme(Raj) 846
Supreme Court
Honble J.S. VERMA, CJI. & B.N. KIRPAL & V.N. KHARE, JJ.
M.C. Mehta - Appellant
Versus
Union of India and Others etc. - Respondents
Writ Petition (C) No. 13029 of 1985 etc.
Decided On : November 20, 1997
M.S. Usgaonkar, Additional Solicitor General, Harish Salve, Sr. Advocates (A.C.), Dr. Rajiv Dhawan, Arun Jaitley, Swaraj Kaushal, Sr. Advocates, Mukul Mudgal, (M.C. Mehta) Advocate In-person(NP), Ms. Seema Midha, Wasim A. Qedri, A.D.N. Rao, S. Niranjana S
Headnote:Motor Vehicles Act, 1988 – Various provisions of Motor Vehicles Act – The Act provides powers for regulating road traffic and to avert danger to public safety – To suspend/cancel the registration or permit of a Motor Vehicles it poses threat or hazard to public safety – Licensing of drivers, permits for vehicle to be used in any public place – Held – The existing provisions in the Act are sufficient to give powers to the members of the police force and the transport authorities to control and regulate the traffic in an appropriate manner so that no vehicle can pose any danger to the public in any form. (Para 4, 5, 6 & 12)
(2). Having heard all of them and after taking into account the various suggestions which have been given at the hearing, we find that there are adequate provisions in the existing law which, if properly enforced, would take care of the immediate problem and to a great extent eliminate the reasons which are the cause of the road accidents in NCR and NCT, Delhi. In view of the fact that the above offi- cers expressed some doubt about the extent of powers of the concerned authorities to take adequate and suitable measures for speedy enforcement of these provisions and the remedial steps needed to curb the growing menace of un-regulated and disorderly traffic on the roads, we consider it expedient to clarify that position in this order with reference to the relevant provisions of the existing law. It is obvi- ous that it is primarily for the Executive to devise suitable measures and provide the machinery for rigid enforcement of those measures to curb this menace. However, the inaction in this behalf of the Executive in spite of the fact that this writ petition is pending since 1985 and the menace instead of being controlled continues to grow in perpetuation of this hazard to public safety, it has become necessary for this Court to also issue certain directions which are required to be promptly implemented to achieve the desired result. It is needless to add that these directions are to remain effective till such time as necessary action in this behalf is taken by the concerned Executive authorities so that the continuance thereafter of these directions may not be necessary.
(3). In our opinion, the provisions of the Motor Vehicles Act, 1988, in addition to the provisions in the existing laws, for example, the Police Act and the Criminal Procedure Code, confer ample powers on the authorities to take the necessary steps to control and regulate the road traffic and to suspend/cancel the registration or permit of a motor vehicle if it poses threat or hazard to public safety. It need hardly be added that the claim of any right by an individual or even a few persons cannot override and must be subordinste to the larger public interest and this is how all provisions conferring any individual right have to be construed. We may now refer to some provisions of the Motor Vehicles Act, 1988 (for short ``the Act) which are relevant for the purpose.
(4). Section 2(47) defines ``transport vehicle to mean a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. Each one of these vehicles are separately defined in other sub-sections of Section 2. Sub- section (28) defines ``motor vehicle. In short, the definitions contained in Section 2 of the Act cover all kinds of vehicles which ply on the roads so that they are all governed by th