M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) ARTICLES 39(e), 47 and 48-A by themselves and collectively cast a duty on the State to secure the health of the people, improve public health and protect and improve the environment. It was by reason of the lack of effort on the part of the enforcement agencies, notwithstanding adequate laws being in place, that this Court has been concerned with the state of air pollution in the capital of this country. Lack of concern or effort on the part of various governmental agencies had resulted in spiralling pollution levels. The quality of air was steadily decreasing and no effective steps were being taken by the administration in this behalf.

(2.) IT was by reason of the failure to discharge its constitutional obligations, and with a view to protect the health of the present and future generations, that this Court, for the first time, on 23/09/1986, directed the Delhi Administration to file an affidavit specifying steps taken by it for controlling pollution emission of smoke, noise, etc. from vehicles plying in Delhi.

(3.) IT is the report of the Bhure Lal Committee which was accepted, and orders were passed by this Court on 28/07/1998, fixing the time limit within which the switch-over to CNG was to take place. IT may be mentioned here that the need for finding an alternative fuel to diesel had been drawing the attention of this Court for quite some time. This is evident from the order dated 21/10/1994, in which it was observed as follows :-