Holding

The Court held that the State has a constitutional duty to protect the environment and, under Article 32, may direct the government to set up a Committee to investigate and recommend measures for controlling vehicular pollution in Delhi.

Summary

M.C. Mehta, an advocate and chairman of the Environmental Protection Cell, filed a writ petition under Article 32 seeking the closure of hazardous industries and regulation of vehicular and thermal power pollution in Delhi. The Supreme Court examined the constitutional mandate under Articles 48A and 51A, which impose a duty on the State and citizens to protect the environment, and found that the existing statutes were inadequate to address the escalating air‑pollution problem. The Court held that it could issue directions to the Union and Delhi Administration, and ordered the constitution of a high‑powered Committee to study vehicular pollution, recommend technological and legal measures, and report bi‑monthly. The Committee was to be chaired by a retired Supreme Court judge, with members including the petitioner, the Chairman of the Central Pollution Control Board, and a representative of the automobile manufacturers, and could co‑opt up to three experts. The petition was kept pending for monitoring, with the Committee’s reports to guide further action.

Issues considered

The extent of the State's constitutional duty to protect the environment under Articles 48A and 51A.
Whether the Supreme Court can issue directions under Article 32 to close hazardous industries and regulate vehicular pollution in Delhi.
Whether a court‑constituted committee is a permissible mechanism for addressing environmental problems.
Whether existing legislation (Environment (Protection) Act, 1986; Air (Prevention and Control of Pollution) Act, 1981; Motor Vehicles Act, 1989) is sufficient to control vehicular pollution.

Legislation cited

Subjects

environmental protectionvehicular pollutionpublic interest litigationArticle 32constitutional dutyDelhicommitteeenvironmental law

Judgment

M.C. MEHTA
A V.
UNION OF INDIA AND ORS.

MARCH 14, 1991 ·

B [RANGANATH MISRA, CJ, M.H. KANIAAND
KULDIP SINGH, JJ.]

Constitution of India, 1950-Articles 32, 51-A-Public Interest -~
Litigation-Environment pollution-Control-Measures.

C
Environment (Protection) Act, 1986-Section 3-Problem of •
Vehicular pollution in Delhi-Committee set up by Court. ~
The petitioner, an Advocate and Chairman of the Environmental
...
Protection Cell filed the petition under Article 32 asking the Court to ·
issue directions for closing down of hazardous industries located in the y
densely populated areas of Delhi, and for regulation of air pollution
D caused by automobiles operating in the area as also the thermal units
generating power for the Delhi Electric Supply Undertaking.

Making an interim order, and keeping the writ petition pending
for the purpose of monitoring, the Court,

E HELD: 1. The incorporation of protection of environment as an ~.
obligation of the State in the Directive Principles and the mandate in
Article 51-A to the citizens of India as part of fundamental duty are
indications of the Constitutional recognition of importance of en-
vironment of life-both the flora and the fauna. [870A-B]

F 2. Law alone also cannot help in restoring a balance in the
biospheric disturbance. Nor can funds help effectively. The situation ·~
requires a clear perception and imaginative planning. It also requires ~
sustaine~ effort and result oriented strategic action. Campaign for
general awakening of the people using automobiles of different classifi-
cations and among the people inhabiting the Capital is an indispensable
G preliminary. [871E-G]

3. All persons using automobiles should have a fair knowledge 6f
the baneful effect on the community including those who use such vehi- ~
des on account of the emission from such vehicles. Until that is done in
an effective way the appropriate attitude would not develop and c:o-
H operation for reducing pollution would not emerge. [871F-H]

866 (

\
M.C. MEHTA v. U.0.1. (RANGANATH MISRA, CJ.] 867

4. A Committee is set up by this Court to look ·into the .problem of A
\'ehicular pollution in Delhi and for devising methocls of solution of the
problem. [872H-873A] ..
5. A retired Judge of this Court to' act. as Chairman, the
petitioner and the Chairman of the Central ·Pollution Control 'Board
and the person representing the Associatidn of Indian Automobiles· B
Manufacturers could be the members of the Committee. The Committee
would also have the power to co-opt experts not exceeding three for its
efficient working from time to time. The Joint Secretary in the Ministry
of Environment and Forests shall ~e the Convenor-Secretary of the
Committee. [873A·Dl ·
6. The Committee may be constitu(ed with effect. from 18th., C
March, 1991, under an appropriate Notification of the Unio~.
Government. [873D]
7. The Committee shall furnish a report to this Court once: in
two months as to the steps taken in the matter. The Union Government
and the Delhi Administration are directed to effectively cooperate with D
the Committee for its successful operation. [874B l ·
ORIGINAL JURISDICTION: Writ Petition No .. 13029of1985.

(Under Article 32 of the Constitution of India).
•.: f
Petitioner in person. E.

Altaf Ahmed, Additional Solicitor General, Sri Narain Mathur,
- R. Mohan, Ms. Anil Katiyar, Ms. Sushma Suri, K. Swamy, R.K.
Maheshwari and S.M. Ashri for the Respondents.

The Judgment of the Court "'as delive~ed by • F

\...~ RANGANATH MISRA, CJ. This is an application under Article
32 of the Constitution in the public interest litigation sector. A practis-
ing advocate who is the Chairman of the EnvirOnment Protection Cell
operating at Delhi is the petitioner. This Court has been asked to issue
directions for closing down of hazardous industries located in the G
densely populated areas of Delhi and for regulation of air pollution
\.._. caused by automobiles operating in the area as also the thermal units
generating power for the Delhi Electric Supply Undertaking, (here-
after referred to as 'DESU').

The Union Territory of Delhi has a total population of about 96 H
- 868 SUPREME COURT REPORTS [1991) 1 S.C.R.

A
lakhs, out of which the urban area consisting Of old Delhi, New Delhi
...
a!ld the Cantonment has a population of around 90 lakhs. By 1947 """--
when the country became independent, Delhi had a population of a
little over 5 lakhs. In these little more than two scores of years the
populatio11 has, thus, multiplied by 18 times. Though it is a spread-out
city, in some pockets, the density of population is very high and these
B have become congested.

The problem of environmental pollution is global in an increas- ....J...,
ingly small world and concerns all countries irrespective of their size,
level of development or ideology. Notwithstanding political division of

c
the world Into national units, the oceanic world is an inter-connected
whole; the winds that blow over the countries are also one. Pollution is
........._...._
.

capable of moving from continent to continent. If USSR carries out a
nuclear test, the fall-out may be carried by the winds to any part of the
world and such fall-out or irresponsible disposal of radio-active waste
from a remote energy plant in one country may turn out to have y
greater adverse effect on the neighbouring countries than the danger
D of a full-fledged war. Informed public mind is already agitated over the
polluting effect of the Gulf War and the common concern of the entire
homosapien race is obsessed by the apprehension of acid rain, toxic
effect on the seas and even on the atmosphere.

. The awareness of interaction of man with his environment is of -~
E recent origin. The Declaration of the United Nations Conference on
the Human Environment held in Stockholm in June, 1972 stated:

"Man is both creature and moulder of his environment,
which gives him physical sustenance and affords him the
...
opportunity for intellectual, moral, social and spiritual
F growth. In the long and tortuous evolution of the human
race on this planet a stage has been reached when, through ~\
rapid acceleration of science and technology, man has ,.._-,,,:
acquired the power to transform his environment in count-
less ways and on an unprecedented scale. Both aspects of
man's environment, the natural· and the man-made, are
G essential to his well-being and to the enjoyment of basic
human rights-even the right of life itself."
_),
Principle No. rot the same Declaration went on to say:

"Man has the fundamental right to freedom, equality and
H adequate conditions of life, in an environment of a quality
M.C. MEHTA v. U.0.1. [RANGANATH MISRA, CJ.} 869

that permits a life of dignity and well-being, and he bears a A+-
solemn responsibility to protect and improve the environ-
ment for present and future generations .... "

The closeness of the undeveloped and under-developed com-
m unities to nature is not found in the developed ones. Our ancestors
had realised the importance of the tie between man and his environ~ B
ment. The Samaveda notes the Flute of Divine Love by saying:

"Listen to the melodious music of the divine poet.

He plays upon the flute of love, the notes soar to high
heaven and reach the distant stars and dance on the raging
waves of the sea." c
The earth, the sea, the sky, the stars are all woven together
by the soft strains of the divine music. Its vibrants echo
through the corridors of time in the endless canopy of the
sky." D,

Norman Myers quoted in Sir Edmond Hillary's 'Ecology 2,000'
has rightly observed:

"The fate of African environments is thus determined not
only by local circumstances. It is influenced, in part at E
least, by the lifestyles of the developed world. These

- economl.c-ecological linkages between different members
of the international community are little recognized to
date, but they represent a significant factor for land-use
patterns in Africa's savannahs."
F
Our Constitution by the Forty-Second Amendment introduced
Article 48A as also Article 5 lA into the Constitution. These Articles
provide:

"48A The State shall endeavour to protect and improve
the environment and to safeguard the forests and wild life G
of the country . "

"5 lA It shall be the duty of every citizen of India:

(g) to protect and improve the natural environment includ-
ing forests, lakes, rivers and wild life, and to have compas- · H
sion for living creatures".
870 SUPREME COURT REPORTS [1991] 1 S.C.R.

The incorporation of protection of environment as an obligation of the
A
State in the Directive Principles and the mandate in Article 51A to the
citizens of India as part of fundemental duty are indications of the
Constitutional recognition of importance of environment on life-both
th~ flora and the fauna.

B Ours is a great country-territorywise, from the stand-point of
population as also legacy-wise. Though politically divided into many
States throughout the ages it has been bound by a common culture
and heritage. Now and then as the prints on the sands of time indicate,
short-lived empires have grown up and Delhi became the capital of

c
such empires of the north. Delhi was the capital of the Mughals too but
the Britishers had in the initial period Calcutta as their capital and it
was only in 1911 that the Indian capital of the British empire was
shifted from Calcutta to Delhi.
...
- --...l.._ ....

With the growth of importance of Delhi, on the outskirts of the y •.r
· then city gradually industries developed. Lack of vision and inade-
D quate statesmanship allowed many of these industries to grow peril-
ously close to human habitation and in the process of expansion of the
~~
,,

city with the growth of population and activity' the industrial belt iF=
became a part of the city. Hindustan Insecticides Limited, which is
respondent no. 6 before us, is one of such industries. DESU has three
generating units-One known as the Indraprastha Power Station, the
E other as the GT Power Station and the third as the RPR Power Station.
~
These too are located within the densely populated area. The Delhi
Transport Corporation (hereafter DTC) which provides the public
transport facility to the residents of Delhi operates thousands of buses
and has been impleaded as respondent no. 5 on the allegation that it is
one of the notorious polluting agencies.
- \

'
F
A Monitoring Committee on ambient and automotive emission '>-. i
levels was set up for examining the impact of surface transport on air _,,Y,
environment of Delhi at the instance of the Director of Transport,
Delhi Administration. The facts and figures available from the report
may briefly be indicated. As on March 31, 1982, Delhi had a total
G number of 5,92,584 vehicles of which 65% were two-wheelers, 3.5%
were three-wheelers, 25% cars, jeeps and other medium size vehicles
and 1.5% were buses and the remaining 7% were goods carriers. The
affidavit of the Deputy Director of Transport of the Delhi Administra-
tion indicates that the vehicular population of 1990 is 13.5 lakhs. This
means that within about 8 years there has been an increase of about 8
H lakhs of vehicles in Delhi which would work out to an addition of
M.C. MEHTA v. U.O.I. [RANGANATH MISRA, CJ.] 871
x about 1 lakh every year. The proportion of the two-wheelers has A
perhaps not been seriously disturbed. Though the Deputy director of
Transport has indicated that the automobiles contribute about 50% of
the polluting factor there is material to suggest that the proportion is
still higher. Two-wheelers and three-wheelers contribute over sixty per
cent of the total emission of carbon monoxide and about eighty per
B
cent of the total hydrocarbons. To meet the challenging task of con-
>--- trolling pollution, Air (Prevention and Control of Pollution) Act, 1981
has been enacted.

Respondent 3 is the Central Board set up under the Act. The

- ..__Jr-
statute authorises Government in consultation with the Barad to
instruct the Transport Authorities for developing expertise by taking
vehicular pollution sqrvey covering all remifications. The Union Ter-
c
ritory of Delhi was chosen on selective basis because it maintains the
~
highest traffic volume.

Under the Motor Vehicles Act of 1989 certain provisions have
D
been ·made for regulating emission resulting in pollution. Transport
Authorities of the Delhi Administration had placed facts and figures
relating to steps taken under the Act for regulating pollution. Emis-
sion checking, prosecution as also steps for cancelling of registration
~·. are said to be the normal steps taken by the Administration in this
behalf. We were, however, not satisfied that the action taken in this
E
behalf was adequate and the challenging task of pollution control

- could not be successfully dealt with that way.

Law alone also cannot help in restoring a balance in the
biospheric disturbance. Nor can funds help effectively. The situation
requires a clear perception and imaginative planning. It also requires
F
~ sustained effort and result oriented strategic action. Campaign for
general awakening of the people using automobiles of different clas-
sifications and among the people inhabiting the Capital is indispens-
able preliminary. All persons using automobiles should have a fair
knowledge of the baneful effect on the community including those who
use such vehicles on account of the emission from such vehicles. Until
.I
that is done in an effective way the appropriate attitude would not G
-(
\._ develop and cooperation for reducing pollution would not emerge.

A· brief extract from the journal entitled 'Environmental Policy
& law' (Vol. 13, nos. 1-2 Spring 1983) published from North-Holland
describes the problem thus:
H
872 SUPREME COURT REPORTS [19~1] 1 S.C.R.

A "It became clear that all these measures are not themselves
sufficient to come to grips with the problem of air pollution
caused by road traffic. In every one of the towns and cities,
the problem of air pollution from motor vehicle traffic is a
considerable one, and it was more or less generally appa-
B rent that present norms for motor vehicle exhausts are not
adequate so as to achieve the necessary reductions in a
rapid space of time. In fact, the problem is, in part, on the
increase. This is not only true of private cars, especially
diesel-powered vehicles, but also of commercial vehicles
,,

c "Despite the legal and other restirctions mentioned
above, which hamper the towns and cities involved in
pursuing effective policies aimed at limiting motor vehicle
--
exhausts, some interesting strategies have been thought up
which have either led to improvements in themselves or at
D least stimulated attitudes towards environmental policies.
For example, in formulating their regulations in the event
of smog, both Munich and Berlin offered positive stimulus
for the purchase of vehicles fitted with catalytic converters.
As far as city-owned motor vehicles are concerned, some
authorities have pursued a deliberate policy of purchasing
those automobiles with improved exhaust systems."
E
In course of the hearing of this matter we had called upon
counsel to look at the problem not as an adversarial litigation but to
come forward with useful deliberations so that something concrete
could finally emerge for easing the situation. We were shown some.
literature and even gadgets which might help reduction of pollution.
-
\
t
F
The question of eliminating use of motor spirit and replacement of
battery operated two-wheelers was also mooted. The Association of
Indian Automobile Manufacturers had made an application for
intervention and was present in Court. Some of the aspects which
came up for discussion were indeed sufficiently technical. Some other
aspects require laboratory testing and probe into efficacy. Therefore,
G
the question of setting up of a high-powered committee was also
mooted. We are happy to find that the deliberations in course of the
hearing have taken a concrete shape and the Ministry of Environment
& Forests has ultimately instrueted the learned Attorney General in
writing (copy placed on the record) tha_t a Committee could be set up
H by the Court to look into the problem of vehicular pollution in Delhi
M.C. MEHTA v. U.0.1. [RANGANATH MIS.RA, CJ.) 873

~ and for devising methods of solution of the problem. The Ministry has
agreed that a retired Judge of this Court could act as Chairman and has A.
suggested that Shri M.C. Mehta, the petitioner herein and Shri. N.S.
Tiwana, Chairman of the Central Pollution Control Board may be
made the Members of the Committee. We find this suggestion of the
Ministry acceptable subject to certain modification. We are inclined to
take the view that Shri Sudhakar Girdharlal Shah representing the B
>-~
Association of Indian Automobile Manufacturers could be taken as a
member of the Committee and the Committee would also have the
power to co-opt experts not exceeding three for its efficient working
from time to time. Shri Justice K.N. Saikia who has recently retired as
... ;-- a Judge of this Court is appointed as the Chairman of the Committee
with Shri N.S. Tiwana, Shl'.i M.C. Mehta and Shri S.G. Shah as
Members. The Joint Secretary in the Ministry of Environment & c
Forests shall be the convenor Secretary of the Committee. Shri Justice
----....,. Saikia shall be entitled to all the benefits to which a retired Judge of
this Court while called back to duty is entitled.

The Committee may be constituted with effect from 18th March, D
1991, under an appropriate Notification of the Union Government in
the relevant Ministry. The terms of reference for the time being as
recommended by the Ministry are the· following:
).._..
"(i) To make an assessment of the technologies available
for vehicular pollution control in the world; E

-- (ii) To make an assessment of the current status of tech-
nology available in India for controlling vehicular pollution;

(iii) To look at the low cost alternatives for operating vehi-
~ / cles at reduced pollution levels in the metropolitan cities of F
\,; India.

(iv) To examine the feasibility of measures to reduce/
eliminate pollution from motor vehicles both on short term
and long term basis and make appropriate recommenda-
tions in this regard; G
'\,_
(v) To make specific recommendations on the administra-
tive/legal regulations required for implementing the recom-
mendations in (iii) above."

For the time being the Committee may proceed to consider these. H
874 · SUPREME COURT REPORTS [1991] 1 S.C.R.

A other · reievant aspects may be taken into consideration by the ---..,i
Comrriittee.

This writ petition shall be deemed to be pending for the purpose
of monitoring. The Committee shall furnish a reportto this Court once
in two months as to the· steps taken in the matter. The Union Govern-
B
ment and the Delhi Administration are directed to effectively co-
operate with the Committee for its successful operation.
. ... ·( .· ,

V.P.R .. Petition pending
for monitoring.

-