DILEEP B. NEVATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Application has been filed under Section 14 read with Section 18 of the National Green Tribunal Act, 2010. Briefly stated the Applicant, named above, has raised substantial issue relating to environment by contending that the present regulatory framework is not being effectively implemented by Respondents in terms of standards specified for noise limits for automobiles at the manufacturing stage.

(2.) IN the Present Application, Respondent No. 1 is a Central Government Ministry for the planning, promotion, coordination and overseeing the implementation of the country's environmental and forestry policies and programmes. Respondent No. 2 is also a Central Government Ministry and amongst its main responsibility is to administer the Motor Vehicles Act, 1988 and the Rules made thereunder. Respondent No. 3 is a statutory Board, and its main functions are to improve the quality of air and to prevent, control and abate air pollution in the country. Respondent No. 4 is also a statutory Board which has a mandate for air pollution control, abatement, fixing standards etc for the State of Maharashtra. Respondent No. 5 is a co -operative industrial research association established by the automotive industry with the Ministry of Industries, Government of India and amongst its main activities is research in automotive sector and testing the vehicles/automobiles. Respondent No. 6 is the State of Maharashtra and Respondent No. 7 is responsible to give effect to the provisions of Motor Vehicles Act, 1988 and Rules made there -under for the State of Maharashtra.

(3.) THE Applicant submits that Schedule VI, in part E of the Environment (Protection) Rules, 1986 specify the noise limits relating to noise standards for construction of vehicles at the manufacturing stage with effect from 1st July, 2005, which is to be monitored as per test method IS: 3028 -1988,. The Applicant claims that he came to know recently that the Respondents are neither monitoring the noise levels of constructed vehicles at the manufacturing stage, in accordance with IS: 3028 -1988 nor they are ensuring compliance of noise limits by these vehicles, as specified in Schedule VI, Part E, of the Environment (Protection) Rules, 1986.