M.C. Mehta Vs. Union of India and Others(Matter regarding emission standards for vehicles)
EmailAppeal: Writ Petition (C) No. 13029 of 1985 with IAs Nos. 33, 34, 35, 37, 38, 39, 40 and 41 in WPs (C) No. 13029 of 1985 with No. 939 of 1996 with SLP (C) No. 13208 of 1998
Petitioner: M.C. Mehta
Respondent: Union of India and Others(Matter regarding emission standards for vehicles)
Apeal: Writ Petition (C) No. 13029 of 1985 with IAs Nos. 33, 34, 35, 37, 38, 39, 40 and 41 in WPs (C) No. 13029 of 1985 with No. 939 of 1996 with SLP (C) No. 13208 of 1998
Judges: DR. A.S. ANAND, CJI, & B.N. KIRPAL & V.N. KHARE, JJ.
Date of Judgment: Apr 29, 1999
Head Note:
ENVIRONMENT
Constitution of India 1950
Article 32 – Vehicular traffic pollution – Pollution level on increase – Report of Bhure Lal Committee considered – Pursuant to orders dated 16.4.99, information given, but found incomplete. Directions issued for registration of vehicles in NCR and limita-tion of 250 diesel driven and 1250 petrol driven vehicles with Euro I norms allowed upto 1.4.2000. From 1.4.2000 no vehicle to be registered unless it conforms to Euro II norms. (Para 3)
Constitution of India 1950
Article 32 – Vehicular traffic pollution – Pollution level on increase – Report of Bhure Lal Committee considered – Pursuant to orders dated 16.4.99, information given, but found incomplete. Directions issued for registration of vehicles in NCR and limita-tion of 250 diesel driven and 1250 petrol driven vehicles with Euro I norms allowed upto 1.4.2000. From 1.4.2000 no vehicle to be registered unless it conforms to Euro II norms. (Para 3)
JUDGEMENT:
ORDER
1. Notwithstanding the enactment of the Environment (Protection) Act, 1986, decline in the quality of environment continues. This prima facie shows a failure on the part of the authorities to perform their obligation under the constitutional scheme and the mandate of the Act. Concerned by the effects of the vehicular pollution on the health of the citizens, particularly in the National Capital Region (NCR), this Court has given directions from time to time to the State/Union as well as other authorities but it appears that despite those directions and the concern expressed by the Court, the pollution level is on the increase and not on the decrease. It is a serious matter.
2. Bhure Lal Committee, which was constituted by an order of this Court on 7-1-1998, has been submitting its reports from time to time and in the report submitted to this Court on 1-4-1999, it was pointed out that the private (non-commercial) vehicles com-prise 90% of the total number of vehicles plying in NCR. The report also indicated that more than 90% of nitrogen oxide (NOx) and respirable particulate matter (RSPM) from vehicle exhausts over Delhi is due to diesel emissions which is a serious health hazard. On 16-4-1999, after taking note of the report of Bhure Lal Committee, this Court had issued certain directions including a direction to the learned Additional Solicitor General to inform the Court, on an affidavit of a responsible officer, about the number of diesel and petrol-driven private vehicles registered in NCR in 1997, 1998 and 1-1-1999 to 31-3-1999. That information has been furnished though it is totally incomplete.
3. After considering the suggestions made by Bhure Lal Committee and in the application filed by the learned amicus and hearing learned counsel for various parties (automobile manufacturers), it appears appropriate to us to issue the following directions :
1. All private (non-commercial) vehicles which conform to Euro II norms may be registered in NCR without any restriction.
2. All private (non-commercial) vehicles shall conform to Euro I norms by 1-6-1999. All private (non-commercial) vehicles shall conform to Euro II norms by 1-4-2000. Vehicles may in the meanwhile be registered in the manner indicated below :
With effect from 1-5-1999, 250 diesel-driven vehicles per month and 1250 petrol-driven vehicles per month may be registered on first-cum-first-serve basis in NCR, till 1-4-2000 only if they conform to Euro I norms. From 1-4-2000 no vehicle shall be regis-tered unless it conforms to Euro II norms.
The directions given by us apply both to diesel as well as petrol-driven cars (private non-commercial vehicles).
These directions are made only as an interim arrangement till further orders.
3. So far as the ban on the registration of diesel-driven taxis is concerned, that shall be strictly enforced, unless the taxis conform to Euro II norms. In other words no taxi (diesel) shall be registered with immediate effect unless it conforms to Euro II norms.
4. With a view to facilitate registration in the manner indicated above, the registering authority may register the vehicle concerned on a certificate of the manufacturer, duly authenticated by the authorised officer certifying that the vehicle concerned conforms to Euro I/Euro II norms.
5. At the request of the learned Additional Solicitor Gener-al, we grant liberty to the Union of India to seek variation/modification of this order if on the basis of some data, it is considered necessary to do so.
IAs Nos. 37, 39, 41
4. Copies of the applications shall be forwarded to Bhure Lal Committee, which is requested to examine the matters and submit its report/recommendations after granting opportunity to the automobile manufacturers likely to be affected by our directions to make their submissions in this behalf. Further report of Bhure Lal Committee may be sent to this Court within 8 weeks.
5. List the matters in the last week of July 1999 after consulta-tion with the learned amicus.
Court Masters.
1. Notwithstanding the enactment of the Environment (Protection) Act, 1986, decline in the quality of environment continues. This prima facie shows a failure on the part of the authorities to perform their obligation under the constitutional scheme and the mandate of the Act. Concerned by the effects of the vehicular pollution on the health of the citizens, particularly in the National Capital Region (NCR), this Court has given directions from time to time to the State/Union as well as other authorities but it appears that despite those directions and the concern expressed by the Court, the pollution level is on the increase and not on the decrease. It is a serious matter.
2. Bhure Lal Committee, which was constituted by an order of this Court on 7-1-1998, has been submitting its reports from time to time and in the report submitted to this Court on 1-4-1999, it was pointed out that the private (non-commercial) vehicles com-prise 90% of the total number of vehicles plying in NCR. The report also indicated that more than 90% of nitrogen oxide (NOx) and respirable particulate matter (RSPM) from vehicle exhausts over Delhi is due to diesel emissions which is a serious health hazard. On 16-4-1999, after taking note of the report of Bhure Lal Committee, this Court had issued certain directions including a direction to the learned Additional Solicitor General to inform the Court, on an affidavit of a responsible officer, about the number of diesel and petrol-driven private vehicles registered in NCR in 1997, 1998 and 1-1-1999 to 31-3-1999. That information has been furnished though it is totally incomplete.
3. After considering the suggestions made by Bhure Lal Committee and in the application filed by the learned amicus and hearing learned counsel for various parties (automobile manufacturers), it appears appropriate to us to issue the following directions :
1. All private (non-commercial) vehicles which conform to Euro II norms may be registered in NCR without any restriction.
2. All private (non-commercial) vehicles shall conform to Euro I norms by 1-6-1999. All private (non-commercial) vehicles shall conform to Euro II norms by 1-4-2000. Vehicles may in the meanwhile be registered in the manner indicated below :
With effect from 1-5-1999, 250 diesel-driven vehicles per month and 1250 petrol-driven vehicles per month may be registered on first-cum-first-serve basis in NCR, till 1-4-2000 only if they conform to Euro I norms. From 1-4-2000 no vehicle shall be regis-tered unless it conforms to Euro II norms.
The directions given by us apply both to diesel as well as petrol-driven cars (private non-commercial vehicles).
These directions are made only as an interim arrangement till further orders.
3. So far as the ban on the registration of diesel-driven taxis is concerned, that shall be strictly enforced, unless the taxis conform to Euro II norms. In other words no taxi (diesel) shall be registered with immediate effect unless it conforms to Euro II norms.
4. With a view to facilitate registration in the manner indicated above, the registering authority may register the vehicle concerned on a certificate of the manufacturer, duly authenticated by the authorised officer certifying that the vehicle concerned conforms to Euro I/Euro II norms.
5. At the request of the learned Additional Solicitor Gener-al, we grant liberty to the Union of India to seek variation/modification of this order if on the basis of some data, it is considered necessary to do so.
IAs Nos. 37, 39, 41
4. Copies of the applications shall be forwarded to Bhure Lal Committee, which is requested to examine the matters and submit its report/recommendations after granting opportunity to the automobile manufacturers likely to be affected by our directions to make their submissions in this behalf. Further report of Bhure Lal Committee may be sent to this Court within 8 weeks.
5. List the matters in the last week of July 1999 after consulta-tion with the learned amicus.
Court Masters.
