M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Bhure Lal Committee has submitted its Report dated 1/04/1999. A perusal of the Report reveals that private (noncommercial) vehicles comprise 90% of the vehicles plying in Delhi. It is estimated that more than 90% of the Nitrogen Oxide (NOx) and respirable particulate matter (RSPM) from vehicular exhaust over Delhi is due to diesel emissions. Impairment of visibility and haze-like conditions are also attributed to tiny suspended particulate matter in the air. Based on the report of its scientific panel, the california- Air Resource Board formally designated diesel particulate as a Toxic Air contaminant on 27/08/1998 thereby declaring that it had the potential to cause cancer. It was estimated that chronic exposure to such toxic air contaminant would lead to 300 additional cases of lung cancer per million people. It is indeed a matter of serious concern - the very right to file of the citizens is at stake.

(2.) It is noticed that more and more private vehicles (non-commercial) are turning to diesel as the fuel of choice primarily because of the price differential between diesel and petrol. On account of extensive use of diesel there is rise in environmental pollution at a phenomenal level in the National Capital territory of Delhi. Learned Amicus has filed an application seeking certain directions. One of the prayers made in the application is to direct the respondents "to forthwith suspend registration of diesel vehicles until further orders". Considering the gravity of the situation and taking note of effects of diesel 'exhaust on the health of the citizens which are of extremely serious nature, we direct 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 N. C. R. in 1997 and in 1998. The affidavit should also disclose the number of registered private vehicles (both petrol and diesel separately) from 1/01/1999 to 31/03/1999. This information would be necessary to consider the grant of prayer made in the application filed by the learned Amicus. The information with regard to the vehicles would, of course include information with regard to two wheelers and three wheelers registered during the same period also. Their figures shall be given separately.

(3.) (The affidavit shall be filed by the learned Additional Solicitor General at least two days prior to 29/04/1999 with an advance copy to the learned Amicus. )