JUDGMENT : R.A. Mehta, J. Heard at length the representative of the Rickshaw Associations, learned Advocates for the parties and Mr. M.R. Raval, the learned A.G.P. In pursuance of our earlier directions for preventing illegal use of kerosene in auto rickshaws and preventing pollution and for compliance with the pollution control laws, more than 1000 auto rickshaws have been detained. They were detained from 13th April, 1996 onwards. Against many of them, orders suspending their licences/registrations have been issued and penalties imposed. About 50 rickshaws which were found not to have used kerosene as fuel were ordered to be released earlier. 2. The Rickshaw Drivers Associations have issued a general printed appeal to their members and colleagues and all the auto rickshaw drivers against use of kerosene in auto rickshaws and appealed to them to comply with the laws and not to mix kerosene. A copy of the said appeal is taken on record. 3. There was a meeting between the representatives of the Associations and the Government Authorities and useful discussions took place about the reasons and economics for the situation and some suggestions were made therein. The authorities may consider the same in accordance with law. It is hoped that the period of ensuing vacation will fully be utilised to apply mind to those -things. 4. The violations alleged against the auto rickshaw drivers and owners relate to illegal use of kerosene, spreading of pollution and emission of polluting smoke and also breach of Motor Vehicles Act and the Rules, non-renewal of permits, non-payment of tax and penalties, not carrying fitness certificate, not carrying permits,- insurance papers, tax payment receipts, etc. It is submitted that in respect of the above breaches Departmental Action (hereinafter referred to as "DA" for brevity) is taken some DAs are pending. Although no individual driver or owner has approached before is, the Associations have by and large agreed and taken fair stand that there is large scale and wide spread use of kerosene in auto-rickshaws and the healthy stand that it must stop. 5. Out to those rickshaws- under detention some are owner-driven and not driven on hire. There are many other rickshaws which are driven on hire. By and large it is found that out of the offending rickshaws more are driven on hire and not owned by the drivers themselves. 5. Out to those rickshaws- under detention some are owner-driven and not driven on hire. There are many other rickshaws which are driven on hire. By and large it is found that out of the offending rickshaws more are driven on hire and not owned by the drivers themselves. It is generally agreed that for such hire the charges are three times higher than the charges for petrol rickshaws. Therefore, it will be necessary to bear in view the material difference between the two categories of rickshaws. 6. Without going into merits of rival contentions, by way of interim direction : (A) It is directed that the auto rickshaws which are driven by the owners themselves and not given on hire may be released on expiry of three weeks from the date of detention subject to the following conditions : (i) that the owners and drivers shall give an undertaking to the Regional Transport Authorities that the rickshaws shall not used/run with kerosene in future;' (ii) that the fitness certificate shall be obtained within a period of 15 {fifteen) days from the date of release of the rickshaw; (iii) All the outstanding dues including tax, penalties and fine shall be paid within one month of the release of the rickshaw; (iv) that the drivers and owners shall take notices/orders in respect of any pending proceedings and appear before the Authority on the given date; and (v) that appropriate entries shall be made in the RTO records/licence about the DA and orders. (B) As regards the auto rickshaws which are driven on hire, they may be released on expiry of the period of one month from the date of detention subject to the following conditions : (i) that the owners and drivers shall, give an undertaking to the Regional Transport Authority that the rickshaws shall not be used with kerosene in future; (ii) that the fitness certificate shall be obtained within a period of 15 {fifteen) days from the date of release of the rickshaw; (iii) all the outstanding dues including tax and penalties and fine shall be paid on or before the release; (iv) that the drivers and owners shall take notices/orders in respect of any pending proceedings and appear before the Authority on the given date; and (v) that appropriate entries shall be made in the RTO records/licence about the DA and orders. 7. 7. We make it clear that this order should not be treated as a precedent. This order has been passed in the present circumstances mere the rickshaw drivers and owners have realised the impact of the law probably for the time and Associations have fairly admitted the misuse of kerosene. But now after widespread publicity on the issue and the general awareness generated amongst the rivers and owners as well as in the public, if pill any one violates the pollution laws or if any rickshaw is still found offending the law. Thereafter, the law has to take its course and pay be with more rigour. 8. It is also required to be seen that the shown and action taken by the Department and the authorities in pursuance of the Sections has certainly generated greater rareness and good results. For this achievement the authorities deserve credit, so also learned Assistant Government Pleader & M.R. Raval. However, it should not hap-n that after this spurt of vigil and action, gain the situation lapses into the same rut. order that the vigil continues we direct that the authorities shall file a report in this Court very week as to the actions taken by them for maintaining the vigil and the results of such vigil and the effectiveness of the vigil. 9. One of the grievances is regarding keeping of original papers of permit, insurance, fitness, tax payment, etc. in the auto rickshaws which do not have lockers/secured place. It is, therefore, Suggested by the Associations that these persons may be permitted is carry xerox copies/true copies of the above original papers and if need be they can be given 15 days time to produce the originals before the authorities. This deserves consideration. 10. It is also suggested that a single OK and of durable material can be given showing be status as to permit, insurance, fitness and lax which can be securely kept in the auto rickshaws showing as to the periodicity and validity of the things so that so unnecessary hardship is caused to the rickshaw drivers/ owners. The authorities may consider this aspect and report on the next date of hearing. 11. There is also a suggestion about issuance of driving licence and the badge on a single laminated card which can be given in a manner as to be displayed prominently by the driver. The authorities may consider this aspect and report on the next date of hearing. 11. There is also a suggestion about issuance of driving licence and the badge on a single laminated card which can be given in a manner as to be displayed prominently by the driver. This also can be considered by the authorities and reported on the next date of hearing. 12. An attempt was made to check the petrol pumps in view of some complaints about kerosene being mixed with petrol at some petrol pumps. However, such a check has not been effective because some news papers has published reports of the said check much in advance before the said checking. It is hoped that such checks would continue and necessarily with total surprise. 13. Petrol is brought to the petrol pumps by tankers. Here also certain surprise checks are required to be made because there were complaints that kerosene may be mixed with petrol in the tanker even before the tanker is unloaded. The petrol pump dealer should be under an obligation to test if before the tanker is unloaded and after satisfying himself about the purity of petrol he can permit the tanker to, be unloaded so that later on the petrol pump dealer cannot take a stand that the tanker was unloaded without his knowledge and without the fuel being tested. The authorities may consider this aspect too and report on the next date of hearing. 14. The ACJ and Civil Supplies Departments have not shown the desired vigil. It is hoped that they will also enforce the laws and exercise their powers and perform their public duties. They shall report their vigil, effectiveness and results by the next date. In view of the aforesaid directions it is not necessary to keep the petition, namely, Special Civil Application No. 10702 of 1995 pending and hence the same is disposed of Special Civil Application Nos. 9988 of 1995 and 3037 of 1996 stand adjourned to 18th June, 1996. 15. All the parties which were joined in other petitions are permitted to be joined in this petition, also, namely. Special Civil Application No. 9988 of 1995. Ordered accordingly.