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1997 DIGILAW 309 (SC)

M. C. Mehta v. Union of India

1997-02-14

A.M.AHMADI, S.C.SEN, SUJATA V.MANOHAR

body1997
JUDGMENT : 1. In the 25th Bi Monthly Report of the Committee, paragraph 25.23, it is mentioned that while the Committee was in Canada they learnt that there could be a Catalytic Convertor for diesel trucks and buses. At present the sulphur content in the diesel has been brought down to 0.5% pursuant to the earlier order passed by this Court. The question for this Court for examining was whether it could be brought down further to protect the environment. It is very this point of view that the Committee also examined the question regarding the installation of catalytic convertors in heavy vehicles plying on diesel. One of the members of the Committee representing the Automobile Industry had, however, filed his dissenting notes stating that these catalytic convertors were not available in the country and had to be imported for which certain experimentations are necessary. Mr. Reddy the learned counsel for the Union of India states that the Union of India will examine this proposal of the Committee and will, thereafter, file a proper affidavit explaining whether or not it is feasible to fit the existing or future manufactured heavy vehicles with such catalytic convertors. He states that he may be given four weeks time to have the matter examined by the Government of India. 2. As far as two stroke engine vehicles are concerned we have already given directions earlier in point of time for carrying out experiments on the use of propane and we are told that the exercise is in progress. Mr. Reddy, however, states that as far as the Government is concerned the Company carrying out the experiment has not involved the Government and the GAIL as yet but he has no grievance to make at this stage because he states that he hopes they would be associated with the exercise. 3. With reference to our order dated 8.3.96 the learned counsel for the NDMC states that he was not present on that date because NDMC is not a party and had no intimation to be present at the hearing. He states that so far as Gymkhana Service Station is concerned permission has already been granted. So far as Bhatia Service Station is concerned certain particulars have been sought from the proprietors but they have not been received as yet. These have been outlined in paragraph 4 of their affidavit dated 6th February, 1997. He states that so far as Gymkhana Service Station is concerned permission has already been granted. So far as Bhatia Service Station is concerned certain particulars have been sought from the proprietors but they have not been received as yet. These have been outlined in paragraph 4 of their affidavit dated 6th February, 1997. Learned counsel also states that as soon as the particulars are given the matter would be processed without loss of time. He also complains that some illegal construction has been carried out by M/s Bhatia Service Station. It will thus be seen that so far as NDMC is concerned it has granted permission in one case and is awaiting clarification in the other and counsel states that as soon as the clarification is received the matter will be examined forthwith and appropriate steps will be taken. 4. Counsel for MCD states that for the land required for CNG Station in Sarai Kalen Khan, the requirements of the Master Plan have to be adhered to and if the land falls within the Master Plan the terms and conditions imposed in that behalf to be respected. In that context the contention is that for setting up of CNG Station and allotment of land there are some difficulties. However, counsel for the DDA states that he will get the matter examined and file an affidavit in that behalf. Counsel for DDA states that they have already changed the user and have communicated the same to MCD. However, counsel for MCD states that they have not yet received any such communication, nor have they been informed of the outcome of the Technical Committee Meeting held on 4.2.97. Counsel for DDA states that he will file an affidavit and clarify the position within a week's time. 5. Let the matters come up after four weeks.