http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

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.