Full Judgment Text
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PETITIONER:
M.C. MEHTA
Vs.
RESPONDENT:
UNION OF INDIA AND OTHERS
DATE OF JUDGMENT: 12/05/1998
BENCH:
A.S. ANAND, B.N. KIRPAL, V.N. KHARE
ACT:
HEADNOTE:
JUDGMENT:
WITH
Writ Petition Nos. 939/1996 and 95/97
O R D E R
This Court keeping in view the mandate of Articles 47 &
48A of the Constitution of India, issued directions from
time to time with a view to tackle the problem arising out
of chaotic traffic conditions and vehicular pollution. We
are not satisfied with the performance of the concerned
authorities in tackling the acute problem of Vehicular
pollution and traffic regulations in Delhi. Environmental
protection appears to have taken a back seat. In fact we are
distressed to find that the directions given by this Court,
from time to time, have not evoked the response they were
expected to evoke. When this Court gave those directions it
treated it as a legal issue and proceeded to examine the
impact of the right flowing from Article 21 of the
Constitution of India viz-a-viz decline in environmental
quality. Law casts an obligation on the State to improve
public health and protect and improve the environment. The
directions issued by this Court were aimed at making the
State to effectively discharge their obligations. In their
response the Delhi Administration and the Union of India
have pleaded, among other factors, lack of man power to deal
with the growing menace of chaotic traffic and decline in
the environmental quality.
The directions issued by this Court are meant to be
complied with and we wish to emphasise that it is the
obligation of the State to comply with the same. On our
part, we are considering the desirability of appointing
Court Officers to assist the administration with a view to
ensure compliance of the directions issued by this Court.
Article 144 of the Constitution of India provided "All
authorities, civil and judicial, in the territory of India
shall act in aid of the Supreme Court." We have suggested to
learned counsel for the parties to give us a list of persons
from every colony/area in each of the 9 Police Districts of
Delhi, who maybe appointed as such Court Officers and
suggest the manner in which they can assist the
administration to carry out its obligations. This exercise
by the Court, we clarify would be with a view to supplement
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and augment the efforts of the Delhi Administration and the
Union of India to deal with the acute problem. Let the
needful be done in ten weeks.
The learned Additional Solicitor General is also
directed to have affidavits filed from the Ministry of
Petroleum and Ministry of Surface Transport to disclose the
steps taken for supply of lead free petrol and the use of
catalytic convertor on the new as well as existing vehicles
so as to use lead free petrol throughout the country. The
status report in this behalf together with the affidavits
shall be filed within ten weeks.
On 7th January, 1998 a Committee had been constituted
under the Chairmanship of Shri Bhure Lal, known as
"Environment Pollution (Prevention and Control) Authority
for the National Capital Region". We have so far not
received any report from that Committee. A direction shall
issue to the Committee to submit a report about the action
taken by the Committee for controlling vehicular pollution
and the connected matters. The Committee may also submit a
draft action plan to tackle the situation. The needful shall
be done within ten weeks.
List the matters after ten weeks.