M.C. Mehta v. Union of India, (SC) BS198703

M.C. Mehta v. Union of India, (SC) BS198703 SUPREME COURT OF INDIA

Before:- B.N. Kirpal, CJI., Mr. V.N. Khare and Mr. Ashok Bhan, JJ.

Item No. 301 in WP(C) NO. 13029/11985, Item No. 302 in WP(C) NO. 13029/1985, Item No. 303, Writ Petition (C) No. 13029 of 1985. D/d. 15.07.2002.

M.C. Mehta - Petitioners

Versus

Union of India & Ors. - Respondents

With

Writ Petition (C) No. 939/1996, SLP(C) NO. 13208/1998, Writ petition (c) no. 440/1999.

Union of India & Ors. - Petitioner

Versus

A.I. Fed. of Motor V.D.T.E. Off. Assocn. & Ors.- Respondents

SLP(C).../2000 CC 6990-7991

Kirti Mishra - Petitioner

Versus

U.O.I. & Ors. - Respondent

Writ Petition (C) No. 227/2001

Govt. of N.C.T. of Delhi - Petitioner

Versus

M/S Mahua Roy Chowdhary & Ors. - Respondent

Writ Petition (C) No. 355 of 2001

United Communist Party of India - Petitioner

Versus

Union of India & Anr. - Respondent

I.A. No. 143 in Writ Petition(Civil) No.13029/1985, Item no. 304, I.A. No. 150 and I.A. No. 153 in I.A. No. 15-16 in W.P. (C) No.13029/1985

With

I.A. No. 151 in WP(C) No. 13029/1985, I.A. No. 152 in WP(C) No. 13029/1985, I.A. No. 158 in WP(C) No. 13029/1985, I.A. No. 159 in WP(C) No. 13029/1985, I.A. No. 160 in WP (C) 13029/1985, I.A. No. 161 in WP(C) No. 13029/1985, I.A. No. 162 in WP (C) 13029/1985, I.A. No. 163 in WP(C) No. 13029/1985, I.A. No. 164 in WP(C) No. 13029/1985, I.A. No. 165 in WP(C) No. 13029/1985, I.A. No. 166 in WP(C) No. 13029/1985, I.A. No. 167 in W.P. (C) 13029/1985, I.A. No. 168 in W.P. (C) 13029/1985, Item no. 305, IA No. 170 in WP (C) 13029/1985, I.A. NO. 171 IN wp (c) 13029/1985, Item No. 306, IA No. 172 in WP (C) 13029/1985, Item no. 307, IA NO. 173 IN WP(C) NO. 13029/1985

Kamakshi Singh Mehlwal - Petitioner

Versus

Union of India - Respondent

For the Petitioners :- Mr. Harish N. Salve, S.G. (A.C.), Mr. Uday Umesh Lalit, (A.C.), Ms. Aparajit Singh, Mr. Siddharth Choudhary, Mr. M.C. Mehta, Petr. in Person, Advocates.

For the Applicants in IA 143 :- Mr. M.C. Mehta, Petr. in Person, Advocate.

For the Applicants in IA 150 and 153 :- Dr. Rajiv Dhawan, M/s Sushil Kumar Jain & A.P. Dhamija, Advocates.

For the Applicants in IA 151 :- Mr. Ajay Choudhary, Mr. Sanjay Bansal, Mr. G.K. Bansal, Advocates.

For the Applicants in SLP..CC6990-91 :- Mr. D.S. Mahra, Advocate.

For the Applicants in SLP13208 :- Mr. Arvind Kumar Sharma, Advocate.

For the Applicants in IA 152 :- Mr. Harish N Salve, SG (AC), Mr. U U Lalit, (AC), Advocates.

For the Applicants in IA 158 :- Mr. A.S. Chandiok, Mr. Vineet Jhanji, Ms. Shyel Trehan, Ms. Indu Malhotra, Advocates.

For the Applicants in IA 159 and 165 :- Mr. Rakesh Dwivedi, Mr. S. Wasim A. Qadri, . Mr. Abhishek Choudhary, Mr. Bipul Kumar, Mr. D S Mahra, Advocates.

For the Applicants in IA 161 :- Mr. Mukul Rohtagi, ASG., Mr. A.D.N. Rao, Mr. Y.P. Mahajan, Mr. B V Balaramdas, Advocates.

For the Applicants in IA 162 :- Mr. Prashant Bhushan, Advocate.

For the Applicants in IA 163 :- Mr. T.R. Andhiyarujina, Advocate.

For the TELCO :- Mr. Percy Gandhi, Mr. R.N. Karanjawala, Ms. Nandini Gore, Ms. Pooja Gautam, Ms. Manik Karanjawala, Advocates.

For the TELCO in IA 164 :- Mr. Mukul Rohtagi, ASG., Advocate.

For the Indian Oil Corpn. Ltd. :- Mr. S.K. Puri, Mr. Ujjwal Banerjee, Ms. Anindita Gupta, Mr. H K Puri, Advocates.

For the TELCO in IA 160 :- Mr. Siddharth Yadav, (I.G.L.) Mr. Vikrant Yadav, Mr. Praveen Swarup, Mr. Rakesh K Sharma, Advocates.

For the TELCO in IA 162 :- Mr. Shanti Bhushan, Advocate.

For the CNG PVt. Bus Operators :- Mr. Narendra Verma, Mr. Vishal Gupta, Mr. Sanjeev K. Kapoor, Mr. Sanjay Pathak, Er. Anil Kumar Mittal, Mr. Prashant Bhushan, Advocates.

For the CNG PVt. Bus Operators in IA 166 Mr. Joseph Pookkatt, Mr. Presenjit Keswani, Mr. Prashant Kumar, Advocates.

For the CNG PVt. Bus Operators in IA 167 :- Mr. H.K. Puri, Advocate.

For the CNG PVt. Bus Operators in IA 168 :- Mr. G.L. Sanghi, Mr. Dhruv Mehta, Ms. Anu Mehta, Advocates.

For the CNG PVt. Bus Operators in WP 227/01 :- Ms. Naresh Bakshi, Advocate.

For the CNG PVt. Bus Operators in WP 939/96 :- Mr. R.K. Kapur, Mr. Sumit Kumar Khatri, Mr. B.R. Kapur, Mr. Anis Ahmad Khan, Advocates.

For the CNG PVt. Bus Operators in WP 440/99 :- Mr. Sarup Singh, Ms. Kiran Suri, Advocates.

For the CNG PVt. Bus Operators in IA 170 and 171 :- Mr. Giridhar G. Upadhyay, Mr. Syed Ali Ahmad, Mr. Syed Tanweer Ahmed, Mr. Vikas Bansal, Mr. R.D. Upadhyay, Advocates.

For the CNG PVt. Bus Operators in IA 173 :- Mr. Sanjay Kapur, Mr. Sanjeev Kumar, Advocates.

For the Respondents :- Mr. Mukul Rohtagi, ASG., Mr. A.D.N. Rao, Mr. Y.P. Mahajan, Mr. Kumud L. Das, Mr. C.V. Subba Rao, Ms. Niranjana Singh, Ms. Anil Katiyar, Mr. B.V. Balaram Das, Advocates.

For NCT of Delhi & Delhi Police :- Mr. S. Wasim A. Qadri, Mr. Bipul Kumar, Mr. D.S. Mahra, Advocates.

For the Min. of Surface Transport :- Ms. Niranjana Singh, Advocate.

For the TELCO :- Mr. T.R. Andhiyarujina, Mr. Percy Gandhi, Mr. R.N. Karanjawala, Ms. Nandini Gore, Ms. Pooja Gautam, Ms. Manik Karanjawala, Advocates.

For the D.T.C. :- Ms. A. Subhashini, Advocate.

For the N.C.R.P.B. :- Ms. Sheil Sethi, Advocate.

For the C.P.C.B. :- Mr. Vijay Panjwani, Mr. Iqbal Shamsi, Advocates.

For the D.D.A. :- Mr. Vishnu B. Saharya, M/s VB Saharya & Co., Advocates.

For the SIAM & Ashok Leyland :- Mr. Sri Narain, Mr. Sandeep Narain, Ms. Anjali, Advocates.

For the STA Operators :- Ms. Sudha Pal, Mr. Rajeev K. Dubey, Ms. Rani Chhabra, Advocates.

For the I.G.L. :- Mr. Siddharth Yadav, Ms. Simran Mehta, Mr. Rakesh Kr. Sharma, Advocates.

For the I.O.C.L. :- Mr. Mukul Rohtagi, ASG., Mr. S.K. Puri, Mr. Ujjwal Banerjee, Ms. Anindita Gupta, Mr. H K Puri, Mr. Rakesh K. Khanna, Mr. Reetesh Singh, Mr. Surya Kant, Advocates.

For the B.P.C.L. :- Mr. Sudhir Chandra, Mr. Parijat Sinha, Advocates.

For the D.P.C.C. :- Mr. R.C. Verma, Mr. Mukesh Verma, Ms. Sangeeta Sharma, Advocates.

For the State of U.P. :- Mr. Ajay K. Agarwal, Ms. Alka Agarwal, Mr. Chetan Siddharth, Advocates.

For the State of Karnataka :- Mr. Sanjay R. Hegde, Mr. Satya Mitra, Advocates.

For the State of Punjab :- Mr. Sarup Singh, AAG, Ms. Kiran Suri, Advocates.

For the States of Gujarat & Mizoram :- Ms. Hemantika Wahi, Ms. Aruna Gupta, Advocates.

For the State of Maharashtra :- Mr. S.V. Deshpande, Mr. S.S. Shinde, Advocates.

For the State of West Bengal :- Mr. Tara Chandra Sharma, Ms. Neelam Sharma, Mr. Ajay Sharma, Advocates.

For the State of M.P. :- Mr. Rohit K. Singh, Mr. Satish K. Agnihotri, Advocates.

For the State of Manipur :- Mr. Khwairakpam Nobin Singh, Mr. Irshad Ahmad, Mr. L.K. Pandey, Mr. Arvind Kumar Sharma, Mr. Aruneshwar Gupta, Mr. V.G. Pragasam, Mr. G. Prakash, Mr. K.K. Rai, Mr. B.B. Singh, Advocates.

Environmental Law - Vehicular pollution in Delhi - Directions with regard to vehicles in transit through Delhi - Despite order of Supreme Court in 2001, no heavy vehicles stopped at the border and all allowed to pass through Delhi - Scheme prepared by the Department cannot supersede an order of the Supreme Court - If the Scheme permits any such vehicles to pass through Delhi, Police Commissioner to show cause why the compliance of this Court's order has not been effected - NCT of Delhi and the Police Commissioner directed to show cause why plying of all heavy vehicles through Delhi which to not comply with category II norms should not be stopped especially when no effective steps have been taken by them to comply with the orders.

[Para 6]

ORDER

DIRECTIONS WITH REGARD TO AFFIDAVIT FILED BY INDRAPRASTHA GAS LIMITED

1. With regard to the direction contained in this Court's order dated 9th May, 2002 requiring the Bhure Lal Committee to go into the question of pricing of CNG, a letter has been received dated 6th July, 2002 asking for extension of time by two weeks. The said Committee is granted two weeks more time to submit a report.

DIRECTIONS WITH REGARD TO THE AFFIDAVIT FILED BY THE UNION OF INDIA

2. Mr. Mukul Rohtagi, learned Additional Solicitor General appearing for the Union of India, wants further time to give a Report with regard to the Scheme in relation to the fuel for two wheelers and three wheelers as referred to in this Court's order dated 9th May, 2002. Further time is granted till 16th August, 2002 to file a Report.

DIRECTIONS IN RESPECT OF PROVIDING FINANCE TO SC/ST FOR PURCHASE OF BUSES

3. Pursuant to this Court's order of 5th April, 2002, it is stated by Mr. S.W.A. Qadri, learned counsel appearing for the NCT of Delhi, that a Scheme in respect of providing finance to SC/ST for purchase of buses has been made. Neither any such Scheme has been placed on record nor is there any compliance report in respect thereto. On a query being made, Mr. Quadri submits that till today under the Scheme stated to have been formulated no vehicle has yet been made available or permit granted to SC/ST, so much for the concern of the Government for the betterment of SC/ST. We direct the NCT of Delhi to file a compliance report within two weeks. They will indicate as to what is the Scheme and they will also give an explanation as to why the Scheme, if any, has not been implemented so far. This aspect of the case to come up on 29th July, 2002.

4. On the next date of hearing, the Union of India will also indicate as to why the orders have not been passedrequiring thevehiclesto conformto Category-II/Bharat-II emission norms in the cities other than Delhi which are suffering air pollution.

IA No....../2002 filed in Court by Ld. Amicus Curiae

5. Taken on board.

6. Issue notice. Mr. Mukul Rohtagi accepts notice on behalf of the Union of India. Replies be filed by 26th July, 2002. Status report as prayed for in the application also be filed by 26th July, 2002. List on 29th July, 2002.

DIRECTIONS WITH REGARD TO THE VEHICLES IN TRANSIT THROUGH DELHI

7. We are informed by the learned counsel for the NCT of Delhi that despite the order of this Court in 2001 no heavy vehicles in transit have been stopped at the border and all of them are allowed to pass through Delhi. Learned counsel states that a Scheme is prepared which of course, is not disclosed to the Court. How any Scheme prepared by the Department will supersede an order of this Court is difficult to comprehend. If the said Scheme permits any trucks in transit to pass through Delhi, the Police Commissioner to show cause why the compliance of this Court's order dated 6th December, 2001 has not been effected and the NCT of Delhi and the Police Commissioner are directed to show cause why the plying of all heavy vehicles through Delhi which do not comply with Category-II norms should not be stopped especially when no effective steps have been taken by the respondents to comply with the orders of this Court of December, 2001.

8. We further make it very clear that there can be no corridor or bye pass joining different national highways through Delhi. The corridors if and when proposed and constructed will have to by pass Delhi. To come up on 29th July, 2002.

Rest of the matters

9. Adjourned.

10. Costs of Rs. 20,000/- lying with the Registry to be paid to Supreme court Legal Services Committee.