M.C. Mehta v. Union of India (SC)
BS185697
SUPREME COURT OF INDIA
Before:-A.S. Anand, C.J., B.N. Kirpal and V.N. Khare, JJ.
Writ Petition (C) No. 13029 of 1985 with IAs Nos. 82, 83, 51, 55, 97 and 126, 112, 122, WP (C) No. 939 of 1996, SLP (C) No. 13208 of 1998, WP (C) No. 440 of 1999, SLP (C) No. ... of 2000 (CCs Nos. 6990-91 of 2000) with IAs Nos. 1-2, WP (C) No. 227 of 2001, IAs Nos. 125, 130, 131, 133, 136, Contempt Petition (C) No. 259 of 2000, IAs Nos. 140 and 142. D/d.
17.9.2001.
M.C. Mehta - Petitioner
Versus
Union of India and others - Respondents
Constitution of India - Articles 21, 47, 48-A, 144 and 32
Cases Referred :-
M.C. Mehta v. Union of India, 2001(3) SCC 756.
M.C. Mehta v. Union of India, 1998(6) SCC 63.
ORDER
1. IA No. 142 has been filed by the Union of India with the following prayers :
(a) direct that henceforth no new private (non-commercial) CNG vehicles be registered and no conversion of the existing private (non-commercial) vehicles to CNG mode be allowed by GNCTD and further direct that CNG be supplied from the earmarked CNG stations only to such private vehicles that are certified as duly registered up to the cut-off date by the registering authority of GNCTD;
(b) direct/clarify that four-stroke petrol-driven autos plying on unleaded low benzene petrol, which has been observed by this Hon'ble Court as ?clean fuel? in its order dated 26-3-2001 1, be/can be registered in GNCTD;
(c) direct freezing the number of autos/taxis/RTVs on CNG mode at the following level :
(i) autos/taxis/RTVs registered up to now; plus
(ii) autos/taxis to be registered by those who had placed firm orders by 31-3-2001 with the manufacturers/conversion agencies in compliance with the Court order of 26-3-2001, M.C. Mehta v. Union of India, 2001(3) SCC 756.
(d) direct that the city bus fleet in NCT may comprise of Bharat Stage II emission-compliant buses using CNG or diesel as fuel, and that the bus operators have the option to ply Bharat Stage II emission-compliant buses using either CNG or 0.05% sulphur diesel subject to such conditions as this Hon'ble Court may like to lay down;
(e) direct that the number of autos/taxis mentioned in (c)(ii) above and the buses of those who opt for the CNG option, to be registered after 30-9-2001, be restricted to the following numbers, namely :
|
(i)
|
Autos/taxis
|
400-500
per month
|
|
(ii)
|
Buses
|
150-200
per month
|
(f) allow the existing owners and operators of the autos/taxis/buses such time beyond 30-9-2001 as may be required to convert/replace their existing vehicles, at their option, to Bharat Stage II emission-compliant vehicles as per (c)(ii) and (d) above.
2. We have heard Mr Mukul Rohatgi, learned Additional Solicitor-General as well as Mr Harish N. Salve, the learned amicus curiae and examined the record.
3. Our order dated 28-7-1998, M.C. Mehta v. Union of India, 1998(6) SCC 63 with regard to conversion of entire city bus fleet (DTC and private) to single-fuel mode of CNG [Direction (G)] does not require any modification or change. That direction stands.
4. Vide Direction (D) it was directed that all pre-1990 autos and taxis would be replaced with new vehicles ?on clean fuels?. Vide Direction (F) it was directed that no eight-year-old buses to ply except on CNG or other clean fuel. This was clarified by us through our order dated 26-3-20011. If both the orders are read together, as indeed it was directed to be so read, it would reveal that the modification or change sought for is not at all warranted. We, however, wish to clarify that there is no order made by this Court which either compels conversion of autos or taxis to CNG single-fuel mode or prohibits the use of Euro II norms taxis or four-stroke auto engines on clean fuel.
5. We do not see any justification to grant prayer (d) at this stage. IA No. 142 is disposed of in the above terms.
6. The Bhure Lal Committee has given a report in July 2001 titled ?Report on Standards for CNG Vehicles and Refilling Stations?. This report contains certain recommendations for conversion of old vehicles to CNG mode and also points out certain technical flaws which touch upon the safety factor. Learned counsel for various manufacturers as well as other parties may examine the said report of the Bhure Lal Committee and give their response/suggestions within one week.
7. List on 28-9-2001 at 10.30 a.m. for further directions.
Court Masters.
.