(1.) AN extraordinary situation arose in the context of the following three circumstances:
(2.) BEFORE referring to the questions that arise for consideration in these cases, we find it necessary to set out the facts of each of these cases. As the rank of parties differ, we have referred to them by name. The following abbreviations are used in this order: "m. V. Act" for Motor Vehicles Act, 1988 "c. M. V. Rules" for Central Motor vehicle Rules, 1989; H. C. Act for Karnataka High Court Act, 1961, "state" for State of Karnataka; "k. E. B. " for Karnataka Electricity Board, now Karnataka Power Transmission Corporation Ltd. : "bwssb" for bangalore Water Supply and Sewerage Board; "bcc or Corporation" for Bangalore Mahanagara Palike (Bangalore City Corporation) and "b. D. A" for Bangalore Development Authority. I. W. P. Nos. 26353-54 of 1997:
(3.) B. Krishna Bhat, the petitioner, claims to be the owner of two motor vehicles. According to him, the said two vehicles are maintained in good condition; but as the condition of the roads in the State and in particular in Bangalore, are bad, the carburettor setting of the Vehicle Engines get altered due to constant jerks; and such change in carburettor setting has a consequential bearing on the levels of emission of smoke from the motor vehicle. He contends that the State's obligation to maintain Roads in a proper manner has a direct nexus to the emission levels from motor vehicles; and therefore unless and until the Roads are maintained properly by the state and the Local Authorities the Officers of the Transport and police Department should not inspect the motor vehicles to find out whether the emission levels are within the limits prescribed nor penalise the motor vehicle owners for excessive envisions under the provisions of the M. V. Act and the C. M. V. Rules. He also contends that large amounts are being collected as tax on motor vehicles, but they are not used for improving the Roads; and such tax should exclusively be used for improving and maintaining the Roads in the state. He therefore, filed these Petitions (W. P. Nos. 26353, 26354 of 1997) on 20-9-1997 is seeking a direction to the Commissioner for transport in Karnataka and the Director General of Police and the officers working under them not to intercept his two vehicles bearing registration Nos. CAC 65 and KA05 M 8698 under the M. V. Act and the C. M. V. Rules for pollution checks until the Road conditions in the City of Bangalore are improved.
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