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PETITIONER: M.C. MEHTA

       Vs.

RESPONDENT: UNION OF INDIA AND OTHERS

DATE OF JUDGMENT:       22/09/1998

BENCH: A.S.  ANAND, B.N.KIRPAL, V.N.KHARE

ACT:

HEADNOTE:

JUDGMENT: Order With  a  view  to  tackle  problems  arising  out of chaotic traffic conditions and vehicular pollution  and  not being  satisfied  with  the  steps  taken  by  the concerned authorities in addressing themselves to those problems, this Court issued certain  directions  accepting  the  report  of Bhure  Lal  Committee,  as it was felt by the Court that any further  delay  in  the  performance  of  its  duty  by  the Administration could  not  be  permitted.  At this stage, we are concerned only with the direction issued by  this  Court to  the  effect  that all commercial vehicles which are more than 15 years old shall not  be  permitted  to  ply  in  the National  Capital  Territory  of  Delhi with effect from 2nd Oct.  1998. An affidavit has been filed by Shri S.  Raghunathan, Principal Secretary-cum-Commissioner  Transport,  Government of National Capital Territory of Delhi on 28th August, 1998. The    learned   Solicitor   General   appearing   for   the Administration submits that  phasing  out  and  banning  all commercial vehicles which are more than 15 years old by Oct. 2,  1998 would lead to great hardship to the owners of those vehicles in particular and to the general public which makes use of  those  vehicles  in  general.    It  is,  therefore, submitted  by  him that we may relax the rigour of the order regarding  banning  of  15  years  old  commercial/transport vehicles with  effect from 2nd Oct.  1998 and he assures the Court that the Administration itself is keen  to  phase  out all  such  vehicles gradually to case the pollution level in the city.  It is submitted that the ban order may be applied in phases. A chart has been  filed  by  the  learned  Solicitor General  giving  a  break  up  of the count of the number of commercial/transport  vehicles  which  have  paid  road  tax atleast once  after  1st April, 1997 yearwise.  According to that chart we find that the number  of  commercial/transport vehicles are:- a)More than 25 years old. 5,718 b)Between 24 and 25 years old   954 c)Between 23 and 24 years old   635         d)Between 22 and 23 years old    524

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e)Between 21 and 22 years old   748 f)Between 20 and 21 years old   770 Thus, the total number of vehicles  which  are  more than 20  years  old  are  9,349.    These  vehicles  are all commerciann vehicles which have been registered and on which road tax has been paid. The count of vehicles which are more than  15  years but less than 20 years old are :- a)Between 17 to 19 years3,200 b)Between 15 to 16 years4,962 To  mitigate the hardship, as pointed out by learned Solicitor General and taking note of the assurance given  by him, we modify our previous order and direct that: a)  all commercial/transport vehicles which are more than 20 years old  (9,349)  shall  be  phased  out  and  not permitted  to  ply  in  the National Capital Territory Delhi after 2nd October, 1998; b)  all such commercial/transport vehicles which are 17 to 19 years old (3,200) shall not  be  permitted  to  ply after 15th November, 1998; c)   such of the commercial/transport vehicles which are 15 years and 16 years old (4,962) shall not be permitted to ply after 31st December, 1998. This order shall apply to  all  commercial/transport vehicles   whether   registered   in  the  National  Capital Territory of Delhi or outside (but ply in Delhi)  which  are of more than the stipulated age. This  ban order shall also be applicable to all such vehicles which do not have any authority or permit to ply in the National Capital Territory of Delhi. Apart from the commercial/transport  vehicles  which are registered, as noticed above, we are informed that there are  vehicles  which  are  either not registered or no which road tax has not been paid in National Capital Territory  of Delhi. We direct that all such commercial/transport vehicles which  are  being  plied  without  payment  of  road  tax or registration, shall not be allowed to ply  in  the  National Capital Territory forthwith and in any event not with effect from 2nd Oct. 1998. The   Motor  Vehicles  Department  and  the  Traffic Department of Delhi Polic shall coordinate their efforts  to carry out these directions faithfully and punctually. We  further  direct that an affidavit shall be filed by the Chief Secretary, Delhi Administration, undertaking to ensure that the directions hereinabove given are carried out in letter and in spirit. The affidavit shall be filed during the course of this week. The  Transport Department and the Traffic Department of the Delhi Police shall submit reports of  due  compliance in  the  first  week of October, 1998; 3rd week of November, 1998, and 1st week of January, 1999 with an advance copy  to the learned Amicus Curiae. List  the  matter  in  October, 1998 on a date to be fixed by the registry after consultation  with  the  learned amicus curiae.