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
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.
