MAHENDRA LODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE first writ petition being D. B. Civil writ petition No. 6073/93 was filed by petitioner Mahendra Lodha in the year 1993 as a Public Interest Litigation. THE petitioner has highlighed chaotic traffic conditions and vehicular pollution in the city of Jodhpur. THE writ petition is based on the information collected from the Research made by one Shri Avdesh Kumar under the guidance of Professor M. B. Pathak. According to the petitioner, 1,14,076 vehicles were registered with Regional Transport Officer, Jodhpur in the year 1992. It is further averred that there is an increase of 14 to 15 thousand vehicles per year. THE gases which are emitted by the vehicles are Carbon Monoxide-64%, Hydrocarbons 22%, Oxides of Nitrogen-12% besides Sulphur dioxide, lead compounds and suspended particulate matter, smoke etc. It is further averred that 72. 5% of the Cars registered with RTO, Jodhpur emit 3% Carbon Monoxide; 63% of the three wheelers emit more than 4. 5% Carbon Monoxide, 25% of the scooters emit more than 4. 5% Carbon Monoxide and 70% of Petrol driven vehicles emit more Hydrocarbons than permissible limits. THE toxic effect of these gases over the human body has been pointed as under:- (i) Eyes: Because of emission and inhalation of the gases aforesaid the people develop chronic conjunctivities which contribute in the early development of cataract and glaucoma. (ii) ENT : THE emissions result in causing pharynjitis, and even cancer of larynx. (iii) Respiratory System: It causes bronchitis, Asthma, Emphysema, and lung cancer etc. (iv) It also causes headache, irritability, loss of concentration on work for exhaustion. (v) Alergic condition can develop and all these diseases lead to diminution in the capacity of work of the people. (vi) THE aforesaid facts clearly show as to how the emissions from motor vehicles when not controlled can harm human being. It is submitted that extra ordinary increased of vehicles, smoke, vapour, spark, ashes, grit and oil emissions have totally pouted the environment of city of Jodhpur. It is also submitted that greatest villians of peace are Tampos and Trucks as they emit smoke, vapour, spark, ashes, grit as also oil in total disregard of the provisions made u/r. 112 to 116 of the Motor Vehicle Rules. THE things have reached to the stage where one is almost inhailing poison on all the busy roads of Jodhpur moreso on the High Court Road, Sojatigate, Station Road, M. G. Hospital Road, Jalorigate, Chopasni Road, Residency Road, Station Road etc. So far as City buses are concerned, it is submitted that they have become a life hazard because they are driven with great speed on the busy roads of city of Jodhpur. THE petitioner has sought direction for the strict compliance of the Rule 112 to 116 of the Motor Rules. A further direction has been sought to fix the speed governers limiting the speed of the city buses to 30 kms. per hour.

(2.) IN reply to the writ petition, an affidavit has been filed by Sh. Ram Gopal Maheshwari, D. T. O. (Writs), as back as in the year 1995. It is admitted that vehicular traffic in the city of Jodhpur has been increased tremendously. However, it is denied that District Administration is oblivious or has not taken steps for the alleged situation. It is also submitted that the Administration has already imposed one way traffic regulation in Jodhpur in peak hours in evening from 4. 30 PM to 8. 30 PM. It is also submitted that regular checking is also done by the authorities of the police and Motor Vehicles Department for checking pollution made by such registered vehicles. It is further submitted that notification No. GSR 933 (E) dated 28. 10. 1989 has been issued under Rule 118 of the Central Motor Vehicles Rules for speed governers to restrict the speed limits of vehicles. D. B. C. W. P. No. 1041/2000 is a joint writ petition filed by 22 persons. All the petitioners are permit holders for plying their vehicles on the different city buses route in the city of Jodhpur. The grievance of the petitioners is that inspite of the fact that they are plying their vehicles after having pollution under control certificate (hereinafter referred to be as ``puc'') with all other relevant documents, police without following the mandatory procedure laid down u/r. 116 (1) and without hearing anything in writing are directing the drivers to submit the vehicles for conducting the test to measure the standards of emissions in any one of the authorised testing Stations and to produce the certificate to the concerned authority within 7 days from the date of cond- ucting the check. They have also given list of vehicles seized. The controversy involved in the writ petition is with regard to the authority of respondents to seize the Motor vehicles for the impugned offences. The petitioner has sought declaration that the seizure of the motor vehicles as void. A further direction has been sought to restrain the police and traffic authorities from seizing the vehicles u/sec. 207 of the Motor Vehicles Act.

(3.) WE have heard Mr. M. Mridul, Sr. Advocate, Sh. B. L. Maheshwari, Adv. , Sh. R. L. Jangid, Addl. Advocate General, Sh. Vineet Kothari, Adv. and Sh. Sachin Acharya, learned counsel for the parties.