Holding

The Court modified its earlier order, imposing a phased ban on commercial vehicles based on age and directing immediate prohibition of unregistered or untaxed vehicles, while mandating compliance reporting.

Summary

The Supreme Court, hearing a writ petition filed by environmental activist M.C. Mehta, examined the problem of vehicular air pollution in Delhi and its earlier order banning commercial vehicles older than 15 years from operating in the National Capital Territory. The Union of India, through the Solicitor General, argued that an immediate ban would cause severe hardship to vehicle owners and the public, requesting a relaxation of the order. After reviewing data on the number of vehicles by age, the Court modified its earlier direction, imposing a phased withdrawal: vehicles older than 20 years were barred from 2 October 1998, those 17‑19 years old from 15 November 1998, and those 15‑16 years old from 31 December 1998. The Court also ordered that any commercial vehicle operating without registration or road tax be prohibited from ply immediately. It directed the Delhi Transport and Traffic Departments to ensure compliance and to submit periodic reports, and required the Chief Secretary to file an affidavit confirming implementation. The petition remains pending, but the Court’s modified order stands as the operative relief.

Issues considered

What extent can the Supreme Court modify its own earlier direction banning old commercial vehicles in Delhi?
Whether the phased ban on commercial vehicles based on age is a reasonable measure to address air pollution despite alleged hardship to owners.
What mechanisms should the administration adopt to enforce the ban and ensure compliance?

Subjects

environmental lawair pollutionvehicular pollutionDelhiphase-out of old commercial vehiclesroad taxvehicle registrationSupreme Court directionspublic health

Judgment

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

SEPTEMBER 22, I 998

B [DR. A.S. ANAND, B.N. KIRPAL AND V.N. KHARE, JJ.]

Environmental Law :

Air pollution-Vehicular pollution-National Capital Ter;itory of
C Delhi-Phasing out and banning old commercial/transport vehic/es-
Directions given by Supreme Court-Further, all commercial/transport
vehicles which are being plied without payment of road tax or registration
shall not be allowed to ply-Transport Department and Traffic Department
of Delhi Police would submit compliance report.

D CIVIL ORIGINAL JURISDICTION: Writ Petition (C) No. 13029
of 1985.

(Under Article 32 of the Constitution of India).

Santosh Hegde, Solicitor General, Altaf Ahmed, Additional Solicitor
E General, Harish N. Salve (AC), P.P. Rao, (Uday Umesh Lalit) (AC), (Ms. Priya
Kumar) for Prashant Bhushan, Ms. Binu Tamta, S.W.A. Qadri, Ms. Anees
Ahmed, Mrs. Anil Katiyar, Mrs. Indra Sawhney, Ms. Kanupriya Mittal, Harish
Chandra, Arvind K. Sharma, Mrs. Anubha Jain, Sushi! Kr. Jain, Pradeep
Aggarwal, A.P. Dhamija, Umesh Bohare, A. Mishra, L.P. Singh, Shri Narain,
Sandeer Narain, Pradeep K. Bakshi, Ashok Mathur, R. Sasiprabhu, R.K.
F Maheshwari, V.B. Saharya, P. Parmeswaran, Ranjit Kumar, Ejaz Maqbool,
Hardeep Singh Anand, Vijay Panjwani, R.P. Gupta, Vineet Kumar, Anis Ahmed
Khan, L.K. Pandey, S.B. Upadhyay, S.R. Setia, Sanfay Parikh and D.S. Mehra
for the Appearing parties.

The following Order of the Court was delivered :
G .
With a view to tackle problems arising out of chaotic traffic conditions
and vehicular pollution and not being satisfied with the steps taken by the
concerned authorities in addressing themselves to those problems, this Court
issued certl\in directions accepting the report of Bhure Lal Committee, as it
H was felt by the Court that any further delay in the performance of its duty
24
M.C. MEHTA v. U.0.1. 25
by the Administration could not be permitted. At this stage, we are concerned A
only with the direction issued by this Court to the effect that all commercial
vehicles which are more than 15 years old shall not be permitted to ply in the
National Capital Territory of Delhi with effect from 2nd October 1998.

An affidavit has been filed by Shri S. Raghunathan, Principal Secretafy-
cum-Commissioner Transport, Government of National Capital Territory of
B
Delhi on 28th August, 1998. The learned Solicitor General appearing for the •
Administration submits that phasing out and banning all commercial vehicles
which are more than 15 years old by October 2, 1998 would lead to great
hardship to the owners of those vehicles in particular and to the general
public which makes use of those vehicles in general. It is, therefore, submitted c
) by him that we may relax the rigour of the order regarding banning of 15 years
old commercial/transport vehicles with effect from 2nd October 1998 and he
_assures the Court that the Administration itself is keen to phase out all such
vehicles gradually to ease the pollution level in the city. It is submitted that
the ban order may be applied in phases. D

A chart has been filed by the learned Solicitor General giving a break
up of the count of the number of commercial/transport vehicles which have
paid road tax atleast once after 1st April, 1997 yearwise. According to that
chart we find that the r:umber of commercial/transport vehicles are:-
E
(a) More than 25 years old. 5,718

(b) Between 24 and 25 years old 954

(c) Between 23 and 24 years old 635
.>
F
(d) Between 22 and 23 years old 524

(e) Between 21 and 22 years old 748
~
(f) Between 20 and 21 years old 770
G
Thus, the total number of vehicles which are more than 20 years old are
9,349. These vehicles are all commercial vehicles which have been registered
and on which road tax has been paid.

The count of vehicles which are more than 15 years but less than 20
years old are :- H
26 SUPREME COURT REPORTS [1998] SUPP. 2 S.C.R.

A (a) Between 17 to 19 years 3,200

(b) Between 15 to 16 years 4,962

To mitigate the hardship, as pointed out by learned Solicitor General
and taking note of the assurance given by him, we modify our previous order
B and direct that:

• (a) all commercial/transport vehicles which are more than 20 years old
(9,349) shall be phased out and not permitted to ply in the National Capital
Territory Delhi after 2nd October, 1998;

c (b) all such commercial/transport vehicles which are 17 to 19 years old
(3,200) shall not be permitted to ply after 15th November, 1998;

(c) such of the commercial/transport vehicles which are 15 years and 16
years old (4,962) shall not be permitted to ply after 31st December, 1998.

D This order shall apply to all commercial/transport vehicles whether
registered in the National Capital Territory of Delhi or outside (but ply in
Delhi) which are of more than the stipulated age.

This ban order shall also be applicable to all such vehicles which do
not have any authority or permit to ply in the National Capital Territory of
E Delhi.

Apart from the commercial/transport vehicles which are registered, as
noticed above, we are informed that there are vehicles which are either not
registered or on which road tax has not been paid in National Capital Territory
F of Delhi. We direct that all such commercial/transport vehicles which are
being plied without payment of road tax or registration, shall not be allowed
to ply in the National Capital Territory forthwith and in any event not with
effect from 2nd October, 1998.

The Motor Vehicles Department and the Traffic Department of Delhi (
G Police shall coordinate their efforts to carry out these directions faithfully and
punctually.

We further direct that an affidavit shall be filed by the Chief Secretary,
Delhi Administration, undertaking to ensure that the directions hereinabove
given are carried out in letter and in spirit. The affidavit shall be filed during
H the course of this week. ·
M.C. MEHTA v. U.0.1. 27
The Transport Department and the Traffic Department of the Delhi A
Police shall submit reports of due compliance in the first week of October,
1998; 3rd week of November, 1998, and !st week of January, 1999 with an
advance copy to the learned Amicus Curiae.

List the matter in October, 1998 on a date to be fixed by the registry
after consultation with the learned amicus curiae. B
RP. Writ Petition pending.

)

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