DALVEER BHANDARI ( 1 ) THE petitioner who is a public spirited Advocate of this court has filed this petition in which he has highlighted problems created by the public transport system in Delhi. The bus service is the backbone of the public transport system for a city with the population of over 10 millions. Unlike Bombay, Calcutta, Madras or other metropolitan cities of the world, this metropolitan city does not have a Metro or quick inter-city rail transportation and almost the entire population is dependent on bus services for commutation. ( 2 ) IT became imperative for the petitioner to file this petition when suddenly the "redline bus service was introduced. The petitioner submitted that before conducting any scientific study or imperical research regarding acute problems of traffic, conditions of roads and pollution, the government dumped over 3000 buses on Delhi roads. Ostensibly, this was done in the larger public interest to provide prompt transport facility to the people of Delhi. In doing so, all relevant factors and necessary parameters as indicated above were not taken into consideration. ( 3 ) THE Redline bus service which was entrusted with the task of providing safe and good transport system has. miserably failed in accomplishing the object because the Redline bus service lacked the infrastructural facilities. The Redline bus service did not have 3000 and odd numbers of well trained and qualified drivers/ conductors and immediately after the introduction of this bus service, large number of complaints started piling up. The national newspapers were compelled to publish news pertaining to rash, negligent and reckless driving of these buses causing large number of fatal and other accidents on Delhi Roads. By the Redline bus service , in a span of less than 9 months, more than 140 persons have been killed, and several hundreds of persons have received serious injuries. This has happened primarily because basic norms and parameters of safe driving and road discipline were not observed by the drivers of these vehicles. These allegations of the petitioner have received corroboration even from the public authorities. ( 4 ) MR. Satish Mathur, Secretary, State Transport Authority, Delhi Administration, who has filed a detailed affidavit in this court, has mentioned that a number of complaints were being received against Redline operators. These allegations of the petitioner have received corroboration even from the public authorities. ( 4 ) MR. Satish Mathur, Secretary, State Transport Authority, Delhi Administration, who has filed a detailed affidavit in this court, has mentioned that a number of complaints were being received against Redline operators. A special drive was launched in April, 1993 for six weeks to check the erring buses on the road and about 6500 challans were issued on account of over-speeding, non- installation of speed governors, etc. 1142 buses were temporarily impounded on violation of speed governors. Another fresh drive had been launched on 14. 6. 1993 to check whether the buses had installed speed governors, whether they did not operate outside the prescribed routes, whether the drivers were wearing uniforms while driving and to ensure that nothing except the route numbers were written on the bus so that uniformity in the service was maintained. ( 5 ) THIS court gave interim directions on 30. 6. 1993 and thereafter on 6. 9. 1993. A large number of associations have applied for and prayed for permitting them to join as interveners in this matter. By our various orders, we have allowed intervention applications. A detailed affidavit has been furnished by the Redline Bus (STA) Operators Welfare Association, by the Director, Ministry of Surface Transport and by Ex-Servicemen Bus Service. ( 6 ) WE have heard Mr. Swatantra Kumar, learned counsel appearing for the petitioner. According to Mr. Swatantra Kumar, the main problem which has been created by the buses in general and the Redline bus service, in particular, is over-speeding in the highly populated and congested areas of the city which has led to a large number of accidents. ( 7 ) HE has further submitted that another major problem is the pollution that has been created by these vehicles because pollution control devices have not been installed in these buses. ( 8 ) DELHI is one of the most polluted cities of the world, which is evident by a recent article with the title India - Power Cuts and Chaos published in the 1st November issue of the "time International" magazine. Introduction of a fleet of 3000 Redline buses have added fuel to the fire and unsurmountable problem of pollution has been created for the residents of Delhi. Introduction of a fleet of 3000 Redline buses have added fuel to the fire and unsurmountable problem of pollution has been created for the residents of Delhi. According to him, if the pollution control devices are installed in all these buses, the problem of pollution can be solved to a large extent, in the city. ( 9 ) MR. Francis appeared on behalf of the Ministry of Surface Transport. A detailed affidavit on behalf of the Ministry of Surface Transport, has been filed by its Director Mr. Vijayan. In the affidavit, he has mentioned that Delhi with a population of over 10 million is solely depending upon bus transport for its mass transport requirements. The DTC was the principal agency providing passenger bus transport services in the city. The D. T. C. was set up under the Road Transport Corporations Act, in 1971 with the objective of providing economical, efficient and well co-ordinated passenger services in the city and its environs. However, the DTC the has been incurring losses year after year on account of uneconomical fare structure, rising wage bills and input costs increase. Its capital development as well as working losses are being met by interest-bearing loans provided by the Central Government. ( 10 ) ON account of inadequate resources, the DTC has not been able to augment its fleet to the required extent. It is also mentioned in the affidavit that DTC s own fleet was inadequate to meet the requirements of the commuters. As private bus operation under the DTC was not legally permissible, the Government was left with no alternative but to issue permits to private operators to meet the demands of the commuting public. To resolve the problem of commuters, the Redline bus service was introduced. According to Mr. Vijayan, strengthening of the public transport system had the following salutary effects:- i) Waiting period has been reduced from more than 30 minutes to 5-10 minutes. ii) the congestion in the buses has considerably reduced thereby making the journey of commuters comfortable. iii) the pollution level in the city has gone down by 15% due to decreased use of personalised modes of transport especially two-wheelers. iv) due to lesser use of personalised modes of transport like two wheelers, the petrol consumption has also gone down. ii) the congestion in the buses has considerably reduced thereby making the journey of commuters comfortable. iii) the pollution level in the city has gone down by 15% due to decreased use of personalised modes of transport especially two-wheelers. iv) due to lesser use of personalised modes of transport like two wheelers, the petrol consumption has also gone down. ( 11 ) THE Government has been regularly reviewing the operation of Redline Buses and instructions have been issued to the State Transport Authority and Delhi Police to take stringent action against all cases of route violations, violations to permit conditions and traffic rules. It has been directed that the licences of the drivers involved in fatal accidents should immediately be cancelled and the progress of enforcement is being reviewed by the government on weekly basis. ( 12 ) ACCORDING to Mr. Vijayan, because of the large number of vehicles, the heterogeneity of the traffic and comparatively high speed that is attainable in Delhi, the number of accidents in Delhi has been on a higher side compared to other Metropolitan cities. ( 13 ) IT is further mentioned in the affidavit that keeping in view the fact that the Road transport system has been more prone to the accidents, the Government of National Capital Territory of Delhi and the Ministry of Urban Development entrusted a study for introduction of Mass Rapid Transport System in India in 1989. The report prepared by Rail India Technical and Economic Services for introduction of a Mass Rapid Transport System in De. lhi has since been accepted by the Government of Delhi and the Ministry of Urban Development. This project envisages an investment of about Rs. 6,000 crores on 1989-90 price level. This matter is under active consideration of the Government. When a decision to have a Metro for the Union Territory of Delhi is taken, it is expected that the accidents rate will drastically decline. It has also indicated in the affidavit that the accidents in Bombay, Madras and Calcutta are on lower side because of the fact that about 50 per cent of the traffic is carried by the Railway where incidence of accidents are much lower compared to Road Transport. It is also mentioned in the affidavit that the buses are the backbone of public transport system and 96 per cent of total mass transport trips are being catered by them. It is also mentioned in the affidavit that the buses are the backbone of public transport system and 96 per cent of total mass transport trips are being catered by them. It is further submitted that Transport Department has taken various steps to further streamline the functioning of the scheme, such as: i) Five days Refresher course has been started for the drivers and conductors deployed on redline buses; ii) Proficiency test for the drivers of the redline buses in driving has been made mandatory i. e. each red line bus driver will have to undergo a proficiency test in driving at the Government Motor Driving Training School of Department at Loni Road, Delhi. As on 7. 7. 1993, 268 drivers had passed the proficiency test and 207 drivers were imparted Refresher Courses. iii) The State Transport Authority issued directions for calibration of speed governors from time to time. Public notices were issued directing the operators to have the speed governors adjusted at 40 kms. per hour. A large number of prosecutions were also made on this account alone. On the request of the State Transport Authority the DTC has made available the facility of calibration of speed governor at 40 kms. per hours at Burari Inspection Pit of Transport Department on a payment of specific fee chargeable by the DTC. iv) The Enforcement Wing of the Transport Department has been strengthened to prosecute the erring vehicles on the road. A sizable number of prosecutions had been carried out in the past during the routine checking as under:- Period Prosecutions Traffic Police Oct. 92 to May. 93 8782 Jan. 93 to May. 93 14. 6. 93. to 16. 7. 93 7924 15,555 In a special drive launched in April, 1993 for six weeks 1142 buses were impounded for violation of not being fitted with speed governors adjusted at 40 kms. per hour. In the special drive launched on 14. 6. 1993, 651 buses were impounded from 14. 8. 93 to 9. 7. 93. The special drive is continuing. v) Open Public House Meetings were organised in June, 1993 at four zonal offices of Transport Department to hear the grievances of the Public and to receive suggestions to further improve the system. Since the response from the public was not encouraging, these meetings will now be held once a month. 7. 93. The special drive is continuing. v) Open Public House Meetings were organised in June, 1993 at four zonal offices of Transport Department to hear the grievances of the Public and to receive suggestions to further improve the system. Since the response from the public was not encouraging, these meetings will now be held once a month. Public advertisements are also issued in the newspapers highlighting the "do s and Don ts" for the drivers/conductors operators and passengers. Hoardings are also being made as a part. of awareness programme for drivers/operators/ commuters. vii) A Complaint Cell has been opened in the Transport Department which functions round the clock. The complaints received are taken up by enforcement wing of Transport Department for spot checking and action is taken whenever complaints are found correct. On receipt of written complaints, as well, in 307 cases the offences/ complaints against red line buses were impounded and 15 permits were suspended and one cancelled. As for the buses involved in fatal and other simple accidents, 24 permits were cancelled and 29 suspended till 30. 6. 93. In the remaining reported cases, quasi- judicial proceedings are in process. ( 14 ) AN affidavit of Mr. Janak Raj, Secretary, DTC Board, IP Estate, New Delhi, has been filed. In the affidavit, he has mentioned that Redline Buses are plying under the control of respondent no. 3, i. e. the State Transport Authority. Action against these buses on account of violation of traffic rules is taken by the State Transport Authority and or by Traffic police. He has specifically stated that the DTC buses are fitted with speed control governors in order to regulate the speed of buses . He has also indicated in the affidavit that the DTC has opened a Pollution Control Cell situated in Okhla CW-II, where the public can lodge the complaint on telephone or in writing regarding the DTC buses which are emitting, excessive fumes. Besides above, the required certificate that the fumes emitted by the DTC buses are within the prescribed standards laid down in rules, is procured from State Transport Authority. Besides above, the required certificate that the fumes emitted by the DTC buses are within the prescribed standards laid down in rules, is procured from State Transport Authority. As a matter of precaution, every vehicle is checked for pollution at the depot gate before it leaves the depot and in case any bus is found giving excessive smoke, the bus is detained and remedial measures are taken and the defect removed before the bus is allowed out of the shed. For controlling noise pollution, the DTC buses are fitted with bulb-horn and not the air-pressure horn, therefore, the noise level can never exceed the upper limit of the noise pollution. ( 15 ) REDLINE Bus (STA) Operators Welfare Association has filed an application for impleading as respondent, it is mentioned in the application that by the introduction of Redline vehicles, the public has been provided with the cheapest and efficient means of transport not only within the city but in the remote areas where no bus service was ever provided by the DTC. ( 16 ) SINCE date, no speed governors have been developed and it is not feasible for the buses to run upto the speed of 40 kms per hour. It has also been denied that DTC buses have also installed speed governors. ( 17 ) MR. Swatantra Kumar, learned counsel for the petitioner filed separate rejoinders to the replies. In the rejoinder to the counter- affidavit filed by respondents 3 and 4, the averments of petition have been. reiterated and it has been mentioned that with a stroke of pen, respondents no. 3 and 6 introduced 3000 buses on the roads of Delhi, without adequate trained drivers and other infra-structural facilities. The implementing machinery was not geared enough to meet the sudden induction of 3000 buses. In consequence of the introduction of 3000 buses on Delhi roads, these buses, in a short span of about 9 months have already killed over 140 people. This clearly shows the concern of the respondents, for the precious lives of the commuters who travel by these Redline buses. These buses on the one hand are not driven safely by the drivers and on the other hand, they pollute the city of Delhi. This clearly shows the concern of the respondents, for the precious lives of the commuters who travel by these Redline buses. These buses on the one hand are not driven safely by the drivers and on the other hand, they pollute the city of Delhi. The petitioner has denied the claim of the respondents that pollution level has gone down to 15 per cent due to decreased use of personalised mode of transport and also the petrol consumption. It has been indicated in the affidavit that according to the survey conducted by the National Environment Engineering Research Institute, Delhi is one of the most polluted Cities of India and 82 of the buses have a smoke density higher than the permissible limit of 65 hartridge Smoke Unit (HSU ). Truks and Tempos are also one of the major source of smoke in the city. ( 18 ) IN the rejoinder, it is mentioned that these Redline buses and other public transport are continuing to pollute the city of Delhi and from 1. 1. 93 to 30. 6. 93 only 27,226 vehicles could be checked out of 1. 922 million vehicles registered in Delhi. In addition thereto, 70,000 vehicles enter Delhi from neighbouring States every day. This speaks volumes about the so-called pollution control drive by the respondent. ( 19 ) IN the rejoinder, it is also mentioned that these buses compete with each other while on road and in the process indulge riot only in over-speeding but dangerous overtakings even in busy roads risking the life of the people. It is also mentioned that respondents should formulate a policy in order to check that no licence is given to a person who is not otherwise eligible to obtain one under the Motor Vehicles Act, 1988. No person having a valid HMV licence should be allowed to drive a vehicle in Delhi without getting an endorsement from STA. This endorsement should be given only after verifying the authenticity of the driving licence and the capacity of the holder to drive a public bus in Delhi. ( 20 ) THE petitioner has filed separate rejoinder to the counter- affidavit filed by respondent no. 5. In this affidavit, it is mentioned that buses belonging to the DTC are one of the major sources of vehicular pollution in Delhi and are involved in a large number of road accidents. ( 20 ) THE petitioner has filed separate rejoinder to the counter- affidavit filed by respondent no. 5. In this affidavit, it is mentioned that buses belonging to the DTC are one of the major sources of vehicular pollution in Delhi and are involved in a large number of road accidents. As such, the scheme was envisaged by the policy framers for a safe, efficient and cheap transport system, the obligation which the DTC failed to fulfil. The redline buses are involved in innumerable number of road accidents. In the rejoinder affidavit, it is stated that the DTC buses are also involved in serious violation of the traffic rules and regulations. As such, action is warranted on the part of the respondents to streamline the functioning of the buses running under its operation and to ensure that the buses are not involved in any violation of the provisions of the Motor Vehicles Act. A grievance has been made that though the drivers recruited by the respondents are supposed to possess the requisite qualification and experience to drive the buses, in a large number of cases they do not possess the requisite qualifications and experience to ply the public transport buses and consequently are involved in large number of serious road accidents. In the rejoinder affidavit, it has been denied that the buses are fitted with bulb horns and not the air-pressure horns. It has been further mentioned that the noise level by the horns used by the DTC exceeds the permissible limit of noise and thus creates a noise pollution in the city of Delhi. Since the upholstery and other fittings in the buses including the window panes are very loose, they make constant rattling noise and expose the commuters to very high degree of noise pollution. It is also mentioned that there is no test for road- worthiness of the buses by any agency after a certain period. It is also mentioned that the respondent i. e. the Delhi Transport Corporation was created by the Parliament and it has got public responsibility on its shoulders to provide a model transport system in the capital city of Delhi which is safe, convenient, efficient, and pollution free. ( 21 ) THIS court after hearing the counsel in its order dated September 6, 1993 has given certain directions. ( 21 ) THIS court after hearing the counsel in its order dated September 6, 1993 has given certain directions. The directions issued by this court were virtually approved by all the parties, but in CM 8310/93, the application filed on behalf of impleaded respondent, submitted that the directions are not being implemented. The grievance has also been made that Traffic Police and Enforcement Wing of the State Transport Authority used these powers to extort money from the bus owners under the threat of impounding buses under the various pretexts. It has been mentioned that main cause is over-speeding. competition and accident on roads is non issue/non-implementation of timings, governing departures and arrival of buses at destination points. Even after 11 months of introduction of the scheme, the State Transport Authority has not been able to finalise the routes and time schedule. Controlling or reducing the speed would necessarily mean affecting the engine of the vehicle and it has been prayed in that application that committee be constituted of technicians and experts. ( 22 ) WE have requested the learned counsel appearing for the parties to have a joint meeting and give suggestions by which the Transport system in Delhi could be streamlined, so that the transport system becomes safe, convenient and efficient. In pursuance of the directions of the court, a meeting was held in the chamber of Mr. E. X. Joseph on 2nd November, 1993 which was attended by the counsel appearing for all the parties and representatives of the principal organisations and they have also given a number of suggestions. On the suggestions, we have heard learned counsel for the parties. ( 23 ) LEARNED counsel for the parties submitted that despite the court s directions on two occasions, the directions have not been fully carried out. The counsel appearing for all the parties and their representatives have agreed that a high-powered committee be appointed to ensure implementation of the court s directions, and to monitor and supervise the road transport system in Delhi which is the only mode of commutation for almost 96 per cent of the population of the city of 10 millions. ( 24 ) IN the larger public interest, we deem it appropriate to give comprehensive directions and appoint a high-powered committee to ensure implementation of these directions. ( 25 ) ACCORDINGLY, we appoint a high-powered committee under the Chairmanship of Mr. ( 24 ) IN the larger public interest, we deem it appropriate to give comprehensive directions and appoint a high-powered committee to ensure implementation of these directions. ( 25 ) ACCORDINGLY, we appoint a high-powered committee under the Chairmanship of Mr. Justice D. R. Khanna, retired Judge of this court. The other members of the Committee would be: (1) The Secretary or Joint Director, State Transport Authority, (2) D. C. P. or the Additional D. C. P. of Delhi Traffic Police, (3) Secretary, Delhi Pollution Control Board or Environmental Engineer or Senior Scientist, (4) General Manager or Deputy General Manager, of the Delhi Transport Corporation, (5) One senior representative of the Redline Bus Operators, (6 ). Mr. R. K. Ahluwalia, Deputy Registrar of this court, who shall act as Secretary of the Committee. The Committee shall he at liberty to co-opt any other member from any society or association. ( 26 ) THE Chairman shall decide his terms and conditions in consultation with the Delhi Administration. The Delhi Administration shall pay. the remmuneration of the Chairman and also the miscellaneous expenses. ( 27 ) THE Committee shall ensure compliance of the following directions: 1. Installation of speed governors in all the vehicles/buses plied in Delhi i. e. Redline, Blueline, Greenline, Whiteline, DTC buses, Chartered buses, school buses, tourist, private and mini buses, trucks, lorries, tempoes, taxies, auto-rickshaws, and phutphuts, etc. within two weeks; 2. All the buses should be fitted with doors which are closed when the bus is in motion. The doors be fitted on or before 28th February, 1994. 3. All the buses and other vehicles normally plied on Delhi roads must obtain "pollution Control Certificate" before 31st December. 1993. The certificates be affixed on the wind-screen of the buses. The certificate shall be renewed after three months. 4. Each vehicle shall carry first-aid box, containing at least (Cotton, Bandage, Loukoplast, a small scissors, and Airway for breathing ). All buses to carry First Aid Box latest by the 10th December, 1993. 5. The drivers and conductors must be in proper uniform with a name badge. All drivers and conductors to wear proper uniform latest by 31st December, 1993. 6. The S. T. A. shall publish joint time-table for various routes on or before 10th December, 1993. 7. All buses to carry First Aid Box latest by the 10th December, 1993. 5. The drivers and conductors must be in proper uniform with a name badge. All drivers and conductors to wear proper uniform latest by 31st December, 1993. 6. The S. T. A. shall publish joint time-table for various routes on or before 10th December, 1993. 7. The S. T. A. and Traffic Police would co-ordinate on the matters regarding fixing the radars for checking the speed of the vehicles. 8. Five-days refreshers course (as indicated in the affidavit of respondent no. 2) is made compulsory tor all drivers and conductors deployed on all buses. The respondents to ensure proper facilities of this course for expeditious training of drivers and conductors. Proficiency test for all drivers of heavy vehicles is hereby made mandatory and each driver must undergo proficiency test at the Government Motor Driving Training School at Loni Road, Delhi before the 28th February, 1993. 9. All vehicles plying in Delhi must have certificate of fitness and this certificate of fitness must be obtained by all vehicles on or before 31st December, 1993. 10. All buses/vehicles mentioned above, challaned for the first time for violating any of the aforesaid directions must be kept off the road for one month and if challaned for the second time, the vehicle shall be kept off the road for three months. And if the vehciles are challaned for three times, then the vehicles may not be permitted to ply on the roads. Liberty is granted to the owner of the vehicle to apply to the Committee for appropriate relief after the expiry of three months. ( 28 ) POLLUTION Control certificate must be issued by a Committee after proper check up of the vehicle. Officials giving false certificate be prosecuted. ( 29 ) THE Enforcement Wing of the Transport Department and other concerned authorities are directed to conduct randum checking to ensure proper compliance of the directions of this court. ( 30 ) THE directions given by this court must be given full publicity for the benefit of all concerned, to ensure total compliance of these directions and no bus owner, driver, conductor may plead ignorance of the same. The respondent STA is directed to give full publicity to. the directions given by this court for the benefit of the general public. The respondent STA is directed to give full publicity to. the directions given by this court for the benefit of the general public. Copies of the order be made available to the parties today itself. ( 31 ) WE would like to place, on record our deep sense of appreciation of Mr. Swatantra Kumar, learned counsel appearing for the petitioner and other learned counsel for providing extremely able assistance in the important public interest litigation. ( 32 ) COPY of this order be sent to Justice Khanna during the course of the day with a special messenger. ( 33 ) LIST this matter for further directions on 13th December, 1993.