CASE NO.: Writ Petition (civil) 13029 of 1985 PETITIONER: M.C.MEHTA RESPONDENT: UNION OP INDIA AND ORS, DATE OF JUDGMENT: 26/03/2001 BENCH: DR. AS. ANAND CJ & B.N. KIRPAL & V.N. KHARE JUDGMENT:
JUDGMENT
2001 (2) SCR 698
The following Order of the Court was delivered :
With a view to check rapid deterioration of air quality in Delhi, which was
becoming a health hazard besides being an environmental enemy certain
directions have been issued by this Court from time to time in the main
Writ Petition.
On 28th July, 1998, some further directions were issued fixing a time
schedule after taking note of the recommendations made by the Bhure Lal
Committee. One of the important directions [direction (g)] issued on that
date was to the effect that the entire ‘city bus fleet was to be steadily
converted to a single fuel mode of CNG by.31.3.2001’. Another direction
[direction (f)] was to the effect that ‘no eight year old buses were to ply
except on CNG or other clean fuel after 1st April, 2000’.
Unfortunately, neither the Governmental authorities nor private bus
operators acted seriously or diligently in taking steps for the purposes of
complying with the aforesaid directions and this was inspite of the fact
that we had issued a strong caution to all concerned in our order dated
28th July, 1998 that failure to comply with the aforesaid directions could
render the concerned punishable for committing Contempt of Court.
A number of applications have now been filed and requests made at the bar
seeking extension of deadline to convert the entire city bus fleet to
single fuel mode of CNG beyond 31st March, 2001. The Court has, on each
date of hearing, been making it abundantly clear that the question of
allowing buses, other than those which run on CNG to ply after 31st March,
2001 did not arise. The Court made it clear to the administration as also
to all other concerned that they had failed to show sufficient earnestness
for implementing the order dated 28th July, 1998 in the matter of
conversion of the commercial vehicles operating in Delhi into CNG fuel
mode; ignoring interest of health of citizens and the Court cold not
overlook their lapses. The extensions have now been sought finding that the
deadline of 31st March, 2001 was fast approaching.
In the applications filed for extension of time, difficulties being faced
by the transporters because of the non-availability of CNG conversion kits
free from all defects; conversion of CNG at reasonable prices; lack of
stabilisation of CNG technology in respect of public transport as also the
non-availability of CNG and CNG cylinders have been pointed out. There is
however, no satisfactory explanation offered either by the administration
or the private transporters as to why they were sleeping over all this time
and did not point out the difficulties earlier.
We are conscious of the fact that due to lack of effective action taken by
the private but operators as also the governmental authorities, with effect
from 1.4.2001 inconvenience is likely to be caused to the commuting public
including the school children who use the city buses, but, this “urban
chaos”, (to use the expression used by the Administration) which may arise
as a result of not extending the deadline fixed by this Court, however, is
a creation of the administration and the private operators and they have to
thank them-selves for it. They are accountable to the commuting public for
creating this situation. The administration does admit its lapses’ but the
learned Additional Solicitor General has time and again submitted that for
their lapses, “let the commuting public not suffer”. It appears to be an
argument of despair.
Out of a total fleet of 12,000 – 14,000 buses which operate locally in
Delhi, the DTC has a fleet of about 2,000 buses. About 6,000 buses operate
on contract carriage system. Approximately 6,200 buses run on Stage Car-
riage Permit. These stage carriage buses operate locally in Delhi, either
under the DTC KM. Scheme or under the permit scheme.
On behalf of the Stage Carriage Permit transport operators, Mr. K.K.
Venugopal, learned senior counsel, submitted that all their existing buses
are meeting emission norms for diesel vehicles as prescribed under the
Motor Vehicles Act and, therefore, they cannot be denied their right to ply
their buses ‘even if they do not conform to the directions issued by this
Court on 28th July, 1998’ since they were not heard before fixing the time
schedule on 28th July, 1998 (as they were not parties to the writ
petition). In other words what is sought to be challenged on behalf of
these operators is the correctness of the order passed on 28th July, 1998
at this belated stage. It is not possible to accept that all these years,
these private operators were “unaware” of the directions issued by this
Court on 28th July, 1998. We are not impressed with the argument of Mr.
Venugopal. The directions issued by us were not in any adversarial
litigation. Besides our order was, and it was conceded by Mr. Venugopal, as
order in rem and not an order in personam. All private operators, who
operate their buses in Delhi are bound by these orders, which were made to
safeguard the health of the citizens, being a facet or Article 21 and had
been publicised from time to time both in the electronic as well as print
media. That apart, the Bhure Lal Committee had been set up under the
Environment Protection Act and it was directed by this Court that the
Committee could give directions towards effective implementation of the
safeguards of Environment Protection Act, more particularly in matters
aimed at preventing air-pollution. Directions issued by the Bhure Lal
Committee have, thus, legal sanctions and when accepted and incorporated by
this Court become a part of its order, binding on all parties. Besides,
directions given for safeguarding health of the people, a right provided
and protected by Article 21 of the Constitution, would override provisions
of every statute including the Motor Vehicles Act, if they militate against
the constitutional mandate of Article 21. We must, however, hasten to add
that norms fixed under Motor Vehicles Act are in addition to and not in
derogation of the requirements of Environment Protection Act. If the owners
of the Stage Carriage buses chose to ignore the directions issued by this
Court on 28th July, 1998, they did so at their own peril. We wish to re-
emphasise that those of the private bus operators, who have chosen not to
comply with the Court’s orders and have not taken any steps for conversion
of the vehicles to the CNG mode are not entitled to any indulgence from
this Court. They must thank themselves for the situation in which they find
themselves.
The DTC and some other private operators, though belatedly, have now taken
steps and placed orders for CNG buses. Some of the schools, which own their
own buses, have placed orders for CNG buses or conversion of their existing
buses to CNG mode. Most of the schools are hiring buses from the DTC and
other private operators. Some other private operators have also taken steps
to convert their buses to CNG mode either by placing orders for Hew CNG
buses or by conversion to CNG mode.
In the affidavit filed by Mr. V.K. Bhatia on 22nd March, 2001 on behalf of
the DTC, it has been stated that currently 860 buses, both CNG and diesel,
are being plied on school duties. It is further stated in the affidavit
that these buses, apart from performing school duties in the morning and in
the evening, are also, deployed on the general route duties from the nearby
depots or terminals. It is also stated in the affidavit that in addition to
860 bases on school duties, 160 spare buses are kept ready for deployment
in case of replacement if the need arises. The affidavit discloses that
orders have been placed by DTC for 1880 CNG buses and that order for
another 120 buses is likely to be given shortly.
In so far as contract carriage permit holders are concerned, we are
informed that they have about 6000 buses in operation. According to their
learned counsel, out of the said number of buses, 3100 buses run as school
buses within Delhi under contract with different schools. About 1400 buses
run as contract carriage to and from Delhi and within Delhi Approximately
1000 buses have ail India tourist permits and they ply inter-State.
Approxi-mately, 500 buses are 27 sealers and air-conditioned, which are
solely used for the benefits of tourists to visit tourist spots in and
around Delhi. On their behalf their learned counsel has stated that these
contract carriage permits holders have already placed orders for about 1000
new CNG buses.
After hearing learned counsel for the parties seeking extension of the
March 31, 2001 deadline, we are of the opinion that a blanket extension of
deadline cannot be given as that would amount to putting premium on the
lapses and inaction of the administration and the private transport
operators. Orders of this Court cannot be treated lightly. They are meant
to be complied with in letter and in spirit. We, therefore, categorically
decline to give any blanket extension of our directions (g) and (f) as
contained in the order dated 28th July, 1998. However, in public interest
and with a view to mitigate the sufferings of the commuter public in
general and the school children, in particular, we make the following
relaxations or exemptions :
1. Those schools which have as on 31st March, 2001 placed firm orders for
replacement or conversion of the school buses owned by them to CNG mode,
but, who have not so far obtained such buses running on CNG mode, are
permitted to run their existing buses, equal to the number of buses for
which conversion orders have been placed, provided such buses are not more
than eight year old, upto 30th September, 2001 Those schools who are
entitled to and wish to avail of this concession, shall before 31.3.2001
file affidavits in this Court giving details of the buses owned by them and
the particulars of the orders placed by them for new CNG buses or for
conversion of the existing buses to CNG mode. They will keep on replacing
the existing buses with CNG buses as and when made available during this
period.
2, DTC has placed orders for 1880 buses. Some of the CNG buses have already
been received by them and are on their fleet. We permit the DTC to run 1880
existing buses including the existing CNG buses which are not more than
eight year old till 30th September, 2001. This, however, is subject to the
condition that out of these 1880 buses, a full compliment of buses for the
schools, namely 860 buses plus the requisite spare buses shall be deployed
for school duty. As and when new CNG buses are received by DTC, the
existing buses shall be replaced.
3, It is represented on behalf of contract carriage operators of inter-
State and tourist buses that the applicants were under the bona fide
impression that the expression “city bus fleet” in direction (g) of the
order dated 28th July, 1998 was not meant to take within its ambit buses
owned by such tour operators as they run mostly on inter-State routes as
luxury coaches. Even if that be so, their case would certainly be covered
by condition (f) of the order dated 28th July, 1998, which provided that no
eight year old buses were to ply except on CNG or other clean fuel after
1st April, 2001. Even if, it was bona fide believed that these buses were
not to be converted to single fuel mode of CNG, they could not in any case
ply except on CNG or other clean fuel, such buses which were not more than
8 years old. Diesel, especially of the type available in India, is not
regarded as a clean fuel whereas unleaded petrol with tow Benzene content
is considered as clean fuel. These bus operators definitely need to comply
with the directions given by us on 28th July, 1998 and it is for them to
switch over to CNG or other clean fuel.
4, Out of the 6000 contract carriage buses, about 3100 also ply as school
buses. We direct that owners of such contract carriage buses, who have
already taken steps for replacement of their buses by CNG buses or conver-
sion to CNG mode, shall file affidavits giving particulars of the existing
buses and details of the orders placed for replacement or conversion to CNG
mode before 31st of March, 2001. They shall be permitted to ply their
existing buses, equal to the number of existing buses for which steps have
been taken to convert or replace to CNG mode, provided the existing buses
are not more than 8 years old. Such buses shall be permitted to ply till
30th September, 2001.
5. If any other bus operators, including stage carriage permit holders,
have placed or shall place by 31st March, 2001 firm orders for CNG buses or
for conversion to CNG mode, they shall also be permitted to operate equal
number of their existing buses, which are not more than eight year old till
30th September, 2001, under the control and direction of the transport
department subject to their filing undertakings in this Court by way of
affidavits giving details of the buses owned by them, orders placed for
conversion/new CNG buses by 31st March, 2001.
6. Owners of other commercial vehicles, including autos, who have placed
firm orders for new CNG vehicles or for conversion to CNG mode shall also
give details on affidavits by 31st March, 2001 about their existing
vehicles, as also details of the orders placed by them for new CNG vehicles
or for conversion to CNG mode. On these affidavits being filed, they shall
also be permitted to operate an equal number of existing commercial
vehicles, provided the vehicles are not more than eight year old, till 30th
September, 2001,
7. We are of the view that tourists should not be put to avoidable
inconvenience. After taking note of the fact that the number of buses owned
by operators having All India Tourist Permit is limited, we permit the
operators of All India Tourist Permits to ply their existing buses (both
air-conditioned and others), which are not eight year old, till 30th
September, 2001, They shall, however, give details of such buses and also
file an undertaking before 31.3.2001, agreeing to replace their fleet to
ply either on CNG or other clean fuel by 30th September, 2001,
8. We direct that after 1st April, 2001, no commercial vehicle will be
registered in Delhi which does not conform to the order dated 28th July,
1998.
9. The transport department shall take steps to ensure that there is no
misuse or abuse of the relaxations given by us above.
10. We, reiterate that except for the relaxation given above, no other
commercial vehicles shall ply in Delhi unless converted to single fuel mode
of CNG with effect from 1st April, 2001.
During the course of arguments, it was contended before us that low sulphur
diesel should be regarded as a clean fuel and buses be permitted to run on
that It was submitted that in some other countries ultra low sulphur diesel
which has sulphur content of not more 0.001 per cent is now available. We
direct the Bhure Lal Committee to examine this question and permit the
parties to submit their written representations to the Committee in that
behalf. The Committee may submit a report to this Court in that behalf as
also indicate as to which fuel can be regarded as “clean fuel”, which does
not cause pollution or is otherwise injurious to health. Let the report be
submitted within one month.