M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to the order of 21/10/1994 and followed by an order dated a 28/3/1995, certain directions were given in regard to the supply of lead-free petrol in the four metres and the supply of 0. 15 g/l petrol at all the outlets in the four metres as well as in the rest of the country. According to the programme which was chalked out in this behalf, low-lead petrol of 0. 15 g/l was to be supplied in the four metres at all the outlets by December 1994. This target was achieved even before that date by June 1994. The target for supplying the reduced lead content petrol of 0. 15 g/l in the entire country was fixed as December 1996 and we aree are assured by the learned ASG that the Ministry of Petroleum and Natural Gas is proceeding full steam to ensure that the target is met and the reduced lead content petrol of 0. 15 g/l becomes available in the entire country. As far as supply of unleaded petrol, i. e. , petrol with a lead content of less than 0. 013 g/l is concerned, a three-phase programme was drawn up. In the first phase, introduction of unleaded petrol in the four metres through selected retail outlets was to be completed by 1/4/19955 and this target has since been achieved. It was further directed that norms for the year 2000 be discussed and this was to be finalised within six months, which, we are told, has been done and according to the programme drawn up, the Phase II programme for extension of unleaded petrol to capitals of all States and major towns is proposed to be achieved from 1998 and we are told that the Ministry has finalised the plans for ensuring the implementation of that decision and thereafter in Phase III, unleaded petrol would be made available in the entire country at selected retail outlets by April 2000. Once the reduced lead content petrol (0. 15 g/l) becomes available in the entire country by December 1996, the situation in regard to emission of smoke and deposit of lead content on vegetation, etc. , will considerably ease. We do hope that while the Phase II and Phase III programme for supply of unleaded petrol has been targeted as 1998 and 2000, the Ministry concerned will try to meet the targets even before the target dates.

(2.) The learned counsel for the automobile manufacturers states that as per this court's order, all new four-wheelers sold in the four metres after 1/4/1995 have been equipped with catalytic converters. So far as that statement is concerned, there is no controversy. Mr Mehta, however, submitted that the problem has manifested itself in different ways in that car- owners from neighbouring areas bring their vehicles to Delhi and use them in Delhi for long periods without catalytic converters. However, one thing is very obvious that even if that be so, they would be using petrol with 0. 15 g/l lead content only. But the second difficulty that he pointed out is of a more serious nature in that he stated that new cars sold with catalytic converters are being tampered with and the converters are got removed at a low cost of around Rs 300. 00 with the result that even new vehicles are plying without catalytic converters. In this connection, we think that the authorities should take a serious view and try to plug the mischief. One way of doing it is that if a new vehicle has been sold in the four metres and registered there and isfound without a catalytic converter, the driver/owner of that vehicle should be dealt with and, if necessary, the supporting rule or legislation should be enacted. In the meantime, the Ministry should warn users of such cars that if they are found to be using four-wheel vehicles registered in the four metres after 1/4/1995 and found to be plying without a catalytic converter, they would be dealt with as violating this court's order. The warning can be issued and all such users made aware of the possibility of they being dealt with for removal of the in-built catalytic converters by the use of media, television, etc. This should be done without loss of time and in any case within two weeks from today.

(3.) This court had directed that the outlets for the supply of lead-free petrol should be increased gradually in the four metres of the country. We are told that this is being done and so far as Delhi is concerned, from 80 outlets in April 1995, the total has arisen to 12 9/01/1996, in Bombay from 35 to 52, in Calcutta there is no increase and in Madras from 10 to 14. Thus, between April 1995 and January 1996, the outlets have increased from 156 to 226 which is, in our opinion, a slow progress. Insofar as Calcutta is concerned, there is no progress whatsoever and we do not see any explanation in that behalf and so far as Madras is concerned the progress is, in our opinion, slow. However, if the targeted progress is achieved by 1/4/19966 it will meet with the demand but we think that it is essential that more and more outlets should be made available to the consumers so that they are encouraged to use unleaded petrol as far as possible. The second difficulty that was pointed out that the absence of outlets on the periphery of the metres on account of the non-availability of unleaded petrol on the periphery of the four metres the outstation cars entering the metres come with petrol having a high lead content, we think that this difficulty will be considerably resolved once the supply of reduced lead content petrol (0. 15 g/l) becomes available all over the country w. e. f. December 1996. The Ministry is already seized of the matter and it proposes to increase the number of outlets along the highways from the four metres by April 1996.