M.C. Mehta etc. Vs. Union of India & Ors.
EmailAppeal: Writ Petition (C) No. 13029 of 1985 etc.
(With W.P. (C) No. 9300/82. W.P. (C) No. 939/96 and W.P. (C) No. 95/97)
(Under Article 32 of the Constitution of India)
Petitioner: M.C. Mehta etc.
Respondent: Union of India & Ors.
Apeal: Writ Petition (C) No. 13029 of 1985 etc.
(With W.P. (C) No. 9300/82. W.P. (C) No. 939/96 and W.P. (C) No. 95/97)
(Under Article 32 of the Constitution of India)
Judges: J.S. VERMA C.J.I., B.N. KIRPAL & V.N. KHARE, JJ.
Date of Judgment: Dec 16, 1997
Appearances:
Mr. Ashok Desai, Attorney General, Mr. M.S. Usgaonkar, Additional Solicitor General, Mr. Harish N. Salve, Senior Advocate, Mr. Mukul Mudgal, Ms. Indra Sawhney, Mr. Deepak Dewan, Mr. A.K. Sharma, Mr. S. Wasim, Mr. A. Qadir, Mr. A.D.N. Rao, Ms. Niranjana Singh, (Mr. P. Parmeswaran) Advocate for (MOEF), Mr. Rajiv Dutta, Mr. Hardeep Singh Anand, Mr. Shri Narain, Mr. Sandeep Narain, (Mr. M.C. Mehta) (NP) In-person, Ms. Seema Midha, Mr. S.N. Sikka, Mr. D.S. Mehra, (Ms. Anil Katiyar) Advocate for (Min. of Petroleum), Mr. D.K. Garg, Mr. Sanjeev Pabby, Mr. R.K. Maheshwari, Ms. Manju Bharti, Mr. R.K. Kapoor, Mr. P. Verma, Mr. S.K. Sri-vastava, Mr. B.R. Kapur, Mr. Anis Ahmed Khan, Mr. Vijay Panjwani, (Mr. R. Sasiprabhu, Mr. Anees Ahmed, Mr. Aditi Singh) Advocates for (GAIL), Mr. Pradeep Misra, Ms. Niti Dikshit, Mr. Sanjay Parikh, Mr. Kailash Vasdev, Mr. Mahabir Singh, Ms. Sushma Suri, Mr. C.V. Subba Rao, Mr. Ashok Mathur, Mr. D.M. Nargolkar, Mr. V.B. Saharya, Mr. Ejaz Maqbool, Mr. R.P. Gupta, Mr. K.K. Gupta, Mr. L.K. Pandey, Mr. S.B. Upadhyay, Mr. S.R. Setia, Mr. Satish Aggarwal, Mr. Ranjit Kumar, Advocates with them for the appearing parties.
Head Note:
TRANSPORTATION LAWS
MOTOR VEHICLES ACT
Traffic Safety – Buses carrying children to Schools – Directions given in continuation of earlier directions for safety of buses in Delhi – Minimum qualification for bus driver reduced to five years from ten but a qualified conductor to be part of bus by 30th April 1998 and a closed door to be filled by 31st January 1998 – Held maximum number of children per bus to be 1.5 times the sanction for bus – Road encroachments to be removed – Held further that to control traffic pollution number of Three Seater Rickshaws (TSR) to be frozen at the present figure of 83000 and no fresh permit for TSR to be issued except by way of replacement of an existing working TSR – Action Plan to be filed by Union of India and guidelines for regulating processions which obstruct traffic as explained in JT 1997 (9) SC 101 – Ordered accordingly.
JUDGEMENT:
O R D E R
1. After hearing the learned amicus curiae, the Additional Solicitor General and the counsel representing certain other interests, we issue the following further directions, namely.
2. The figures in relation to issuance of commercial licences show that there is need to verify commercial licences, which were issued during the period 1993-95. We, therefore, direct that all commercial licences issued during the period 1993-95 be re-veri-fied by the Transport Department to weed out all such licences which have been issued without following the Rules.
3. We are informed that a test has now been prescribed for issuance of new licences, we direct the Transport Department to prescribe a suitable refresher training course as a condition for the renewal of any licence to drive a heavy vehicle.
4. The grantee of a permit cannot (without express prior per-mission), under the provisions of the Motor Vehicles Act, either transfer his permit or to allow some other person to operate a vehicle on this permit. Any such use of permits – which really constitutes a trading in permits – is a patent violation of the Motor Vehicles Act and the Rules and would render the permit liable to cancellation, apart from other legal consequences. We direct the authorities not to renew any permit which has been or is being used by any person other than the original grantee, without the express prior permission of the grantee.
5. We direct the Civic Authorities to take necessary steps to remove immediately all encroachments – temporary or permanent – on roads and pavements, which affect the smooth flow of traffic or obstruct the way of pedestrians. Stray cattle and other similar obstructions would also have to be similarly dealt
with.
6. The need for safety of school children travelling in buses requires that such buses be fitted with doors that can be shut. We, therefore, direct that on or after 31st January, 1998, no bus shall be used by an educational institution unless it is fitted with doors which can be closed.
No educational institutions shall, after the said date, use a bus if it has an open door.
7. Similarly, it is essential that, in addition to a driver, there is another qualified person in the bus who can attend to the children travelling the bus. Rule 17 of the Motor Vehicles Rules, 1993 stipulates qualifications, duties and functions of a Conductor. It would be in the interest of safety to require the presence of a qualified conductor on board every bus that is being used by an educational institution. We are told that at present there is a paucity of trained conductors. We, therefore, direct that on or after 30th April, 1998, no bus used by or in the service of an educational institution shall be permitted to operate without a qualified conductor being present at all times.
8. We are also informed that some schools have voluntarily requested the parents of their wards to accompany the buses so as to ensure that the drivers drive safely and the lives of the children are not but in jeopardy. We commend this action, and direct the Education Department to ask all schools including Government and Municipal schools to evolve a similar arrangement as far as possible, so as to ensure that in each bus there is at least one parent present who would be able to oversee the conduct of the driver. This step would go a long way in ensuring that the directions given as well as other safety measures prescribed are complied with in letter and spirit and that the driver drives carefully.
9. One of the problems, which has been brought to our notice, is the overcrowding of buses. After hearing the views of the Transport Department as well as the Delhi Police (Traffic Wing), we feel it appropriate to direct that no bus belonging to or in use of an educational institution shall seat children in excess of 1.5 times its registered seating capacity. Similarly, other modes of public transport, such as TSRs, taxis and other vehicles used for transporting the students of an educational institution should not be permitted to carry children more than 1.5 times their registered seating capacity.
10. One of the major pollutants identified in the various affi-davit as well as in the latest Status Report filed by the Govern-ment is the TSR (two seater Rickshaw using a two stroke engine). We are further informed that although the existing figure of registered TSRs, as per the records, is approximately 83,000: the actual number in use is far lesser since some of these permits have not been cancelled although the vehicles have been scrapped. It would be in the interest of the environment, to freeze the number of TSRs for the present at the level at which they are actually in use in the city. We, therefore, direct that there would be no grant of fresh permits in respect of the TSR, save an except by way of replacement of an existing working TSR with a new one.
11. We direct the Police Commissioner to frame appropriate guidelines for regulating processions – religious, political or otherwise – which tend to obstruct the flow of traffic. These guidelines should be in conformity with the rights of the users of the roads and the exercise of fundamental freedom of other citizens indicated by this Court in its judgment in Communist Party of India (M) vs. Bharat Kumar and Others, JT 1997 (9) SC 101.
12. The Union of India is directed to file within two weeks the Action Plan for appointment of private persons to enforce traffic safety laws and confer upon such people suitable powers under the Cr.P.C. as well as under the Motor Vehicles Act. The Union of India would also file its response to the repeated suggestion made by the Traffic Police as well as the Transport Department for augmenting the uniformed force in the city.
13. There are certain modifications called for in our earlier order dated 20th November, 1997, which we direct as hereunder :
(1) In para A(a), add the following :
“Requirement for installation of speed control devices would also not apply to vehicles operating on All India Tourist Permits issued by the Transport Department, NCT of Delhi”.
(2) In para A(f), the sentence commencing “no bus” and ending with “educational institution” shall stand substituted with the following”.
“No bus belonging to or hired by an educational institution shall be driven by a driver who has –
(a) less than five years of experience of driving heavy vehicles ;
(b) been challaned more than twice in a year in respect of offences of jumping red lights, improper or obstructive parking, violating the stop line, violating the rule requir-ing driving within the bus lane, violating restricting the overtaking, allowing unauthorised person to drive ;
(c) been challaned/charged even once for the offence of over speeding, drunken driving and driving dangerously or for the offence under Sections 279, 337, 338 and 304-A of the Indian Penal Code.
All such drivers would be dressed in a distinctive uniform and all such buses shall carry a suitable inscription to indicate that they are in the duty of an educational institution”.
(3) In para A(c), after the word “buses” add the words “heavy goods vehicles, medium goods vehicles, and 4-wheel light, goods vehicles plying during the permitted hours.
(4) In para A(h), add the following :
“Needless to add, this is in addition to the statutory power conferred under Section 115 of the Motor Vehicles Act under which the authorities can prohibit or restrict any class of vehicle(s) from being used, inter alia, on any particular route or during any period of time.
14. The Transport as well as the Police Departments are directed to ensure that the contents of this order are duly published so that the people using roads are made aware of the restrictions imposed. They should also give publicity to the basic rules relating to safe driving, particularly those relating to user of bus lanes, changing of lane, overtaking and right of way on round abouts. We direct the Union of India to make available the necessary facilities in this regard, particularly in relation to the electronic media.
1. After hearing the learned amicus curiae, the Additional Solicitor General and the counsel representing certain other interests, we issue the following further directions, namely.
2. The figures in relation to issuance of commercial licences show that there is need to verify commercial licences, which were issued during the period 1993-95. We, therefore, direct that all commercial licences issued during the period 1993-95 be re-veri-fied by the Transport Department to weed out all such licences which have been issued without following the Rules.
3. We are informed that a test has now been prescribed for issuance of new licences, we direct the Transport Department to prescribe a suitable refresher training course as a condition for the renewal of any licence to drive a heavy vehicle.
4. The grantee of a permit cannot (without express prior per-mission), under the provisions of the Motor Vehicles Act, either transfer his permit or to allow some other person to operate a vehicle on this permit. Any such use of permits – which really constitutes a trading in permits – is a patent violation of the Motor Vehicles Act and the Rules and would render the permit liable to cancellation, apart from other legal consequences. We direct the authorities not to renew any permit which has been or is being used by any person other than the original grantee, without the express prior permission of the grantee.
5. We direct the Civic Authorities to take necessary steps to remove immediately all encroachments – temporary or permanent – on roads and pavements, which affect the smooth flow of traffic or obstruct the way of pedestrians. Stray cattle and other similar obstructions would also have to be similarly dealt
with.
6. The need for safety of school children travelling in buses requires that such buses be fitted with doors that can be shut. We, therefore, direct that on or after 31st January, 1998, no bus shall be used by an educational institution unless it is fitted with doors which can be closed.
No educational institutions shall, after the said date, use a bus if it has an open door.
7. Similarly, it is essential that, in addition to a driver, there is another qualified person in the bus who can attend to the children travelling the bus. Rule 17 of the Motor Vehicles Rules, 1993 stipulates qualifications, duties and functions of a Conductor. It would be in the interest of safety to require the presence of a qualified conductor on board every bus that is being used by an educational institution. We are told that at present there is a paucity of trained conductors. We, therefore, direct that on or after 30th April, 1998, no bus used by or in the service of an educational institution shall be permitted to operate without a qualified conductor being present at all times.
8. We are also informed that some schools have voluntarily requested the parents of their wards to accompany the buses so as to ensure that the drivers drive safely and the lives of the children are not but in jeopardy. We commend this action, and direct the Education Department to ask all schools including Government and Municipal schools to evolve a similar arrangement as far as possible, so as to ensure that in each bus there is at least one parent present who would be able to oversee the conduct of the driver. This step would go a long way in ensuring that the directions given as well as other safety measures prescribed are complied with in letter and spirit and that the driver drives carefully.
9. One of the problems, which has been brought to our notice, is the overcrowding of buses. After hearing the views of the Transport Department as well as the Delhi Police (Traffic Wing), we feel it appropriate to direct that no bus belonging to or in use of an educational institution shall seat children in excess of 1.5 times its registered seating capacity. Similarly, other modes of public transport, such as TSRs, taxis and other vehicles used for transporting the students of an educational institution should not be permitted to carry children more than 1.5 times their registered seating capacity.
10. One of the major pollutants identified in the various affi-davit as well as in the latest Status Report filed by the Govern-ment is the TSR (two seater Rickshaw using a two stroke engine). We are further informed that although the existing figure of registered TSRs, as per the records, is approximately 83,000: the actual number in use is far lesser since some of these permits have not been cancelled although the vehicles have been scrapped. It would be in the interest of the environment, to freeze the number of TSRs for the present at the level at which they are actually in use in the city. We, therefore, direct that there would be no grant of fresh permits in respect of the TSR, save an except by way of replacement of an existing working TSR with a new one.
11. We direct the Police Commissioner to frame appropriate guidelines for regulating processions – religious, political or otherwise – which tend to obstruct the flow of traffic. These guidelines should be in conformity with the rights of the users of the roads and the exercise of fundamental freedom of other citizens indicated by this Court in its judgment in Communist Party of India (M) vs. Bharat Kumar and Others, JT 1997 (9) SC 101.
12. The Union of India is directed to file within two weeks the Action Plan for appointment of private persons to enforce traffic safety laws and confer upon such people suitable powers under the Cr.P.C. as well as under the Motor Vehicles Act. The Union of India would also file its response to the repeated suggestion made by the Traffic Police as well as the Transport Department for augmenting the uniformed force in the city.
13. There are certain modifications called for in our earlier order dated 20th November, 1997, which we direct as hereunder :
(1) In para A(a), add the following :
“Requirement for installation of speed control devices would also not apply to vehicles operating on All India Tourist Permits issued by the Transport Department, NCT of Delhi”.
(2) In para A(f), the sentence commencing “no bus” and ending with “educational institution” shall stand substituted with the following”.
“No bus belonging to or hired by an educational institution shall be driven by a driver who has –
(a) less than five years of experience of driving heavy vehicles ;
(b) been challaned more than twice in a year in respect of offences of jumping red lights, improper or obstructive parking, violating the stop line, violating the rule requir-ing driving within the bus lane, violating restricting the overtaking, allowing unauthorised person to drive ;
(c) been challaned/charged even once for the offence of over speeding, drunken driving and driving dangerously or for the offence under Sections 279, 337, 338 and 304-A of the Indian Penal Code.
All such drivers would be dressed in a distinctive uniform and all such buses shall carry a suitable inscription to indicate that they are in the duty of an educational institution”.
(3) In para A(c), after the word “buses” add the words “heavy goods vehicles, medium goods vehicles, and 4-wheel light, goods vehicles plying during the permitted hours.
(4) In para A(h), add the following :
“Needless to add, this is in addition to the statutory power conferred under Section 115 of the Motor Vehicles Act under which the authorities can prohibit or restrict any class of vehicle(s) from being used, inter alia, on any particular route or during any period of time.
14. The Transport as well as the Police Departments are directed to ensure that the contents of this order are duly published so that the people using roads are made aware of the restrictions imposed. They should also give publicity to the basic rules relating to safe driving, particularly those relating to user of bus lanes, changing of lane, overtaking and right of way on round abouts. We direct the Union of India to make available the necessary facilities in this regard, particularly in relation to the electronic media.
