M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Notwithstanding the enactment of the Environment (Protection) Act, 1986, decline in the quality of environment continues. This prima facie shows a failure on the part of the authorities to perform their obligation under the constitutional scheme and the mandate of the Act. Concerned by the effects of the vehicular pollution on the health of the citizens. particularly in the National Capital Region (NCR) , this court has given directions from time to time to the State/union as well as other authorities but it appears thatdespite those directions and the concern expressed by the court, the pollution level is on the increase and not on the decrease. It is a serious matter.

(2.) Bhure Lal Committee, which was constituted by an order of this court on 7/1/1998, has been submitting its reports from time to time and in the report submitted to this court on 1/4/1999, it was pointed out that the private (non-commercial) vehicles comprise 90% of the total number of vehicles plying in NCR. The report also indicated that more than 90% of nitrogen oxide (NO x) and restorable particulate matter (RSPM) from vehicle exhausts over Delhi is due to diesel emissions which is a serious health hazard. On 16/4/1999, after taking note of the report of Bhure Lal Committee, this court had issued certain directions including a direction to the learned Additional Solicitor General to inform the court, on an affidavit of a responsible officer, about the number of diesel and petrol-driven private vehicles registered in NCR in 1997, 1998 and 1-1-1999 to 31/3/1999. That information has been furnished though it is totally incomplete.

(3.) After considering the suggestions made by Bhure Lal Committee and in the application filed by the learned amicus and hearing learned counsel for various parties (automobile manufacturers) , it appears appropriate to us to issue the following directions: