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1997 DIGILAW 1647 (SC)

M. C. MEHTA v. UNION OF INDIA

1997-11-12

B.N.KIRPAL, J.S.VERMA, V.N.KHARE

body1997
ORDER 1. We are not satisfied with the performance of the authorities in tackling the acute problem of pollution and traffic in Delhi in sp matter having engaged the attention of this Court for a long time matter being debated at each hearing in considerable length to suggest and means which ought to be debated by the authorities promptly problem, which is a great health hazard, does not brook any delay also distressed to find that no policy has been evolved as yet to t problem nor any institutional decision taken which would improvement of the situation. In view of this continuing inaction authorities it has become necessary for the Court to examine the matter with view to finding out the ways and means which are feasible and can be opted immediately for the purpose of deciding the real scope/parameters within which the exercise has to be performed by the Court. Treating it as a legal issue it is necessary to examine the impact of the pleas right under Article 21 of the Constitution and the enforcement thereof, if necessary, by compelling performance of its obligation of the executive. One of the facets of this problem may also be the parameters to be satisfied in formulation of y policy so that the policy must be environment-friendly and be consistent it the principle of sustainable development It is appropriate that a decision on this question is taken after hearing the learned amicus and the learned Additional Solicitor General who appears on behalf of the Union of India. The matter be listed for hearing on the question and the related aspects n 18-11-1997. WP (C) No. 95 of 1997 2. Learned counsel for Union of India to also address arguments on the question: "What is the reason for the issue of the notification dated 4-11-1986 and the subsequent notification of 8- 3-1986 with regard to asbestos-related licences?" 3. List the matters on 18-11-1997. Court Masters