SUPREME COURT OF INDIA

Before:- A.S. Anand, C.J., B.N. Kirpal and V.N. Khare, JJ.

IA No. 143 in WP (C) No. 13029 of 1985. D/d. 18.10.2001.

M.C. Mehta - Petitioner

Versus

Union of India and Ors. - Respondents

Environment and Pollution - Vehicular Pollution in Delhi - Government to resolve difficulty in the manner of allocating enough gas - Phasing out of vehicles must commence/continue in right earnestness and it is the obligation of the Government of NCT of Delhi to ensure that phasing out of the vehicles plying as special permits takes place expeditiously - Government of NCT of Delhi to ensure proper phasing out of buses plying on special permits.

[Paras 2, 4 and 5]

Cases Referred :-

M. C. Mehta v. Union of India, (2001) 3 SCC 756.

M. C. Mehta v. Union of India, 1998(4) Scale 326.

JUDGMENT

A.S. Anand, C.J., B.N. Kirpal and V.N. Khare, JJ. - Unless the two Governments, namely, the Union Government and the Government of NCT of Delhi share the perception of this Court to safeguard" public health, the orders made by this Court from time to time will have no effect.

2. We are, however, assured by learned counsel appearing for the Union of India as well as the Government of NCT of Delhi that the two Governments do share our perception and concern to safeguard public health by providing clean air.

3. According to the affidavits filed by the Union of India and Indraprastha Gas Limited, it transpires that there is no shortage of CNG per se. The difficulty appears to be in the manner of allocating enough gas to meet transport requirements of Delhi on priority basis. It is for the Government of NCT of Delhi and the Union Government to sit together and resolve that difficulty so that orders of this Court are implemented in letter and in spirit. The effort of the two Governments should be to see that orders by this Court, which have been made in the interest of public health, are implemented and not to derail those orders by inventing new bogeys and bottlenecks in the name of demand and supply of CNG.

4. We had extended the date by our orders dated 26-3-2001 M.C. Mehta v. Union of India, (2001) 3 SCC 756 and 28-9-2001 See cited case, M. C. Mehta v. Union of India, and had hoped that buses which were permitted to operate on the special-permit basis would be phased out by replacing them with the CNG buses. No figures are available from either of the affidavits as to how many such vehicles, if any, have been phased out between July 2001 and 18-10-2001. Our relaxing the order was meant to assist the parties to phase out buses plying on special permits and was not to be treated as "substituting" those vehicles for CNG-compliant vehicles.

5. Be that as it may, we direct that phasing out of vehicles must commence/continue in right earnestness and it is the obligation of the Government of NCT of Delhi to ensure that phasing out of the vehicles plying as special permits takes place expeditiously. The Government of NCT of Delhi shall take all possible steps to achieve this objective to take appropriate steps to effectuate our orders.

6. Learned amicus submits that while we may impress upon the Government of NCT of Delhi to ensure proper phasing out of buses plying on special permits, we may also call upon the Union of India and Indraprastha Gas Limited to take all possible steps to meet the demand and supply of CNG in Delhi for vehicular population, but in the meanwhile in the interest of commuters in general and such special permit-holders who are waiting to collect their CNG vehicles (new or converted) we may extend the time fixed by us on 26-3-2001 M.C. Mehta v. Union of India, (2001) 3 SCC 756 (as extended by our order dated 28-9-2001 M.C. Mehta v. Union of India, to comply with Directions (F) and (G) of our dated 28-7-1998. We appreciate the concern of learned amicus and in the interest of the commuting public and and all others concerned in this behalf extend the time to carry out the directions issued by this Court from time to time till 31-1-2002. In all other respects our orders are reiterated. This order is in continuation of our order dated 28-9-2001 M.C. Mehta v. Union of India. We expect all concerned to take proper and effective steps in the meanwhile to see that there is no deterioration of the air quality in Delhi.

7. A status report regarding phasing out of vehicles should be filed in this Court every four weeks by NCT of Delhi.

8. The case shall come up for further orders on 8-2-2002 before a Bench presided over by the Hon'ble Kirpal, J. and comprising Hon'ble Khare and Ashok Bhan, JJ.

Order accordingly.