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1996 DIGILAW 1914 (SC)

M. C. Mehta v. Union of India

1996-10-07

A.M.AHMADI, SUJATA V.MANOHAR

body1996
JUDGMENT : 1. On the last occasion when this matter came up for hearing it was suggested on behalf of the manufacturers of two/three wheelers that it would be easy to switch over to lead free petrol as that would not require any change in the engine of two/three wheelers. We had asked the Government to examine this proposal. Mr. Reddy, the learned ASG has drawn our attention to a Report of the House of Commons, which had examined this suggestion and they observed: We are firmly of the view that, as a general proposition, catalytic converters used with unleaded petrol potentially offer the best technological approach to reducing emissions, provided that the equipment is in good working order". Proceeding further that body observed: We are sufficiently alarmed by the evidence about the environmental impact of using unleaded petrol in non- catalysed cars that we urge the Government to carry out an immediate investigation into whether unleaded petrol should continue to be used in cars not fitted with a catalytic converter and we recommend that the findings should be made public as soon as possible". 2. The issue was also examined by the Central Pollution Control Board and that body also came to the conclusion that the proposal to use unleaded petrol in two/three wheelers will help in the control of lead pollution. However, along side it, it is also desirable to use catalytic converters to contain the emission of volatile organic compounds including benzene and other aromatics. It therefore, recommends that along with unleaded petrol such vehicle should also be fitted with catalytic converters, so that emissions of all harmful pollutants are minimized. In view of this report of the Central Pollution Control Board which falls with the observations of the House of Commons made in the Session of 1993-94, we are prima facie of the view that the changeover to lead free petrol without a catalytic converter would not be environment friendly. The issue, therefore, requires further examination with a view to ascertaining if it would be possible to switch over to lead free petrol and if catalytic converters could be provided at a reasonable price to existing as well as vehicles to be manufactured hereafter. 3. The issue, therefore, requires further examination with a view to ascertaining if it would be possible to switch over to lead free petrol and if catalytic converters could be provided at a reasonable price to existing as well as vehicles to be manufactured hereafter. 3. The Saikia Committee, while dealing with the question regarding pollution caused by two/three wheelers in its 25th by-monthly report forwarded to this Court considered the option of use of propane by such vehicles to reduce pollution caused by them. Of course this report is not a unanimous report because we find that out of 5 members, two did not sign the report. We enquired of the learned ASG if the Government had examined the proposal of use of propane in two/three wheelers and he stated that there the problem is of availability and if Propane is diverted for use by such vehicles, there may be shortage as the same is also used for the manufacture of LPG which is largely in demand for domestic purposes. We would like the Union of India to file an affidavit on the question of use of propane in two/three wheelers and if the quantity available in the country is not sufficient and even if sufficient it cannot be diverted in sufficient quantity for use by vehicles, the feasibility of importing the same if the import is ultimately likely to work out as cost effective. We would also like the Government of India to examine the report submitted by the Saikia Committee referred to earlier to collect and collate the information on this proposal and place it before this Court. This may be done on the premise that the alternative suggested by the Commission of the use of propane is environment friendly alternative. if there is any doubt in that behalf the same may be communicated to this Court separately but that should not hold up the examination of the proposal from the point of view of it being environment friendly. Let the affidavit be filed within four weeks. 4. On the question of switching over to (sic) converters so far as Government cars are concerned we had granted time up to the end of October, 1996. Let the affidavit be filed within four weeks. 4. On the question of switching over to (sic) converters so far as Government cars are concerned we had granted time up to the end of October, 1996. The learned ASG informs us that out of the total 1954 vehicles used by the Government in different offices 419 have been converted to CNG made and 139 have been fitted with catalytic converters. 275 vehicles have already been scrapped. He further states that after this Court's order the Government came to the conclusion that between the two options of CNG and catalytic converters the former was found to be better option both from the point of view of environment and of cost and, therefore, the decision was taken to convert remaining Government vehicles to the CNG mode. However, according to him only 133 kits are presently available. The Government is expecting one consignment by the end of November, 1996 but that would not suffice to provide all the vehicles with CNG mode. He, therefore, prays that time may bee further extended up to the end of March, 1997 to enable the Government to convert all the remaining cars to CNG mode. He further states that the criteria for scrapping vehicles has been changed which would enable the Government to scrap a larger number of vehicles and thereby reduce the total number of vehicles to be converted to CNG mode. Taking all these factors into consideration we extend the time up to December, 1996. We would impress upon the Government that it should import a large number of CNG kits to ensure that the entire process is completed by end of December, 1996. Mr. Reddy the learned ASG also informs this Court that in counting the total number of vehicles, vehicles belonging to the military as well as certain imported vehicles sparingly used for foreign dignitaries have been excluded. We have taken note thereof. 5. As far as Delhi Administration is concerned, list the matter after Dussehra Holidays.