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1996 DIGILAW 1783 (SC)

M. C. Mehta v. Union of India

1996-09-23

A.M.AHMADI, K.VENKATASWAMI, SUJATA V.MANOHAR

body1996
JUDGMENT : 1. The question regarding the prevention of pollution caused by two wheelers and three wheelers was discussed on an earlier occasion. The Association of Automobiles Manufactures had then indicated that a converter would be necessary to avoid pollution caused by leaded petrol. However, on a further examination they have now stated in the affidavit filed in this behalf that even without a catalytic converter it would be possible to avoid pollution caused by leaded petrol if the users/owners and drivers of two wheelers and three wheelers switch over to unleaded petrol. We are given to understand that no change in the mechanism of the vehicles is required for this change over and the vehicles can run on unleaded petrol without any difficulty whatsoever. This has been specifically adverted to in their affidavit dated 9th September, 1996. 2. We have enquired of Mr. P.P. Malhotra, the learned counsel for the Union of India and he too confirms that the two wheelers and three wheelers can be run on unleaded petrol without there being any need or requirement to change the engine or the mechanism of the said vehicles. We have also been told that the price of the leaded petrol and the unleaded petrol is the same and that `here are sufficient outlets in the Metropolis and the quantity of unleaded petrol supply to the outlets is also sufficient to cater to the needs of the users/owners of scooters/ mopeds/motor cycles and auto rickshaws. On an earlier occasion we were informed that the total number of two wheelers in the city of Delhi is around 15.88 lakhs and the total number of three wheelers is a little less than 75.000. Conscious of the requirement to cater to the needs of these number of vehicles in Delhi alone, we enquired of learned counsel for the Union of India whether there are sufficient outlets and if yes, whether the quantity of unleaded petrol supplied to these outlets would be sufficient to cater to the additional need of petrol that would be required by these two wheelers and three wheelers. We were assured that the number of outlets is sufficient and the quantity of unleaded petrol supplied to them would also be sufficient to take this additional load of supply for two wheelers and three wheelers. We were assured that the number of outlets is sufficient and the quantity of unleaded petrol supplied to them would also be sufficient to take this additional load of supply for two wheelers and three wheelers. In view of this statement made before us we do not see any difficulty in issuing a direction to the users/ owners of these two wheelers and three wheelers to change over to unleaded petrol. 3. At this stage Mr. Malhotra, learned counsel for the Union of India, states that when he answered the question regarding the quantity of supply in the affirmative the impression was that this direction would apply to new vehicles already on road. We do not see any reason why the large number of vehicles which are already on the road should not be directed to switch over to unleaded petrol because they are the ones that are responsible for the present level of vehicular pollution in the Metropolitan cities in India. However, Mr. Malhotra states that it would be the endeavour of the Union of India to ensure adequate supply but he needs sometime to obtain instructions in this behalf. 4. Let these matters be listed after a week to enable Mr. Malhotra to make positive statement in this behalf.