1. Public health is an issue which falls under List II Entry 6 of the Seventh Schedule as framed under Article 246 of the Constitution of India which reads as under:-

“6. Public health and sanitation; hospitals and dispensaries.”

2. So far as the environment and issues pertaining to the protection of environment, the responsibility to maintain the balance is concerned, it has been provided by the 42nd Amendment of the Constitution of 1976, which the insertion of Article 48A, which reads as under:-

“48A. Protection and improvement of environment and safeguarding of forests and wild life The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”

3. On a simplicitor interpretation of Article 48A contained in Part IV of the Constitution, the responsibility has been casted on the State to protect from depletion of environment and adopt all safeguard and measures as would aim to protect the environment, it rather castes a responsibility on State to protect the environment, thus the impugned orders, under challenge in the writ petition, prohibiting the use of Auto Rickshaw/Three wheelers which are operated by us