The State Government and the authorities concerned have a statutory obligation to maintain the atmosphere pollution-free and to take necessary measures in this respect as provided under the Statutes.

( 1 ) THESE two writ petitions have been filed in public interest in respect of the pollution of the air in the city of Gwalior and the area around about on account of plying of a large number of motor vehicles using unauthorised kerosene oil and diesel, etc. causing health hazards to the inhabitants.

( 2 ) IN writ petition No. 1500/94, it was prayed that the respondents be directed to have a regular checking of the vehicles and restrict the plying of number of vehicles and also to take certain measures for reducing the pollution by smoke, emitted by such vehicles.

( 3 ) IN writ petition No. 1831/95, it was prayed that the respondents be directed to have regular checking of the entire vehicles plying in the city of Gwalior and the area around about, committee for pollution control be formed to ensure control and prevention of air pollution by Auto Rikshaws and Tempos, Court Commissioner be appointed to supervise the checking so done and to submit the report, State of M. P. be directed to provide at least one smoke meter and gas analyser, etc. for checking staff and to issue such necessary instructions to the authorities concerned in accordance with the provisions of S. 20 of the Air Pollution Act and the rules framed thereunder, particularly Rule 116 of the Central Motor Vehicles Rules.

( 4 ) WE have heard the learned counsel for the parties at length and examined the record. It was pointed out to the Court that the policy of pollution control adopted by the Government of Madhya Pradesh is inadequate. The pollution is increasing every day. There is no check on the number of Vehicles plying in the areas, indiscriminatory licences are issued to temp and unauthorised buses are being allowed to be operated within the city of Gwalior causing health hazards on account of the pollution of the atmosphere by smoke, emitted by such vehicles.

( 5 ) OUR attention was drawn to a similar situation in the case reported in AIR 1993 Ker 297 (Murali Purushothaman v. Union of India and ors. ). The Kerala High Court has given very exhaustive and necessary directions in the matter.

( 6 ) THE returns filed on behalf of the State and other respondents disclose that the respondents have been taking measures to reduce the pollution by vehicles. They have already started checking the conditions of the vehicles which have threatened equipments. They are also checking the petrol being used by such vehicles and whether kerosene is mixed or there is any case of using unauthorised oil in plying the vehicles. The State Government also submitted that other authorities like the local authorities, Regional Transport Authorities, the Pollution Control Board and the Traffic Police, etc. were not properly co-operating with the machinery of the State Government and the directions given in this respect are not being properly complied with. The instructions so given by the State Government are contained in Annexures-X/1 to X/16 which show the sincere efforts being made by the State Government in this respect.

( 7 ) AFTER perusing the record and the necessary documents filed, we find that a scheme was prepared for checking the pollution by the State Government. Necessary directions were given to different departments and authorities concerned in this respect but the strict compliance of the directions given by the State Govt. have not so far been ensured and the pollution is increasing in the city of Gwalior and the areas around about every day. In the case referred above, the Kerala High Court after examining the similar situation had given necessary directions in this respect to ensure emission of pollution or at least minimising it. We fully agree with the case referred before us and the directions given by the Kerala High Court in the similar situation.

( 8 ) FURTHER, the apex Court also had taken this aspect of pollution very seriously. Even the established and working factories have been directed to be removed from the city of Delhi, who w