JUDGMENT : 1. Directions (F) and (G) of our order dated 28-7-1999 M.C. Mehta vs. Union of India, (1998) 6 SCC 63 read as follows: (F) No eight-year-old buses to ply except on CNG or other clean fuels (Time-frame 1-4-2000. (G) Entire city bus fleet (DTC and private) to be steadily converted to single-fuel mode in CNG (Time-frame 31-3-2001). 2. After noticing lapses and inaction on the part of the administration as well as private transport operators and with a view to mitigate the sufferings of the commuter public in general and the school-going children in particular, by our order dated 26-3-2001 M.C. Mehta vs. Union of India, (2001) 3 SCC 756 we relaxed the time-frame fixed in Directions (F) and (G) by extending the date to 30-9-2001. We also directed the Transport Department of the Government of NCT of Delhi to take steps to ensure that there was no misuse or abuse of the relaxation given by us on 26-3-2001 and reiterated that except for the relaxation given in that order no other commercial vehicle could ply in NCT of Delhi unless converted to single-fuel mode of CNG w.e.f. 1-4-2001. During this period we have taken up the case on various dates for directions and for assessment of extent of compliance with our orders. Contradictory affidavits giving contradictory figures and statistics have been filed from time to time by Indraprastha Gas Limited particularly. But, at this point of time we are not taking any note of those contradictions because we are assured by learned counsel appearing for Indraprastha Gas Limited, Union of India and the Government of NCT of Delhi that they will each file a comprehensive affidavit signed by a competent officer dealing with different aspects relating to availability, demand, supply and allocation of CNG to Delhi as contained in our earlier orders. 3. Learned amicus has filed I.A. No. 143 of 2001. He submitted that though some steps have been taken in furtherance of the desire of this Court to control vehicular pollution, much still remains to be done. Learned amicus has referred to certain drawbacks pointed out by the Bhure Lal Committee on the standards relating to CNG etc. He has also pointed out various recommendations made by the Bhure Lal Committee dealing with conversions of new buses or for retrofitment i.e. the change of diesel engine with a CNG engine.
Learned amicus has referred to certain drawbacks pointed out by the Bhure Lal Committee on the standards relating to CNG etc. He has also pointed out various recommendations made by the Bhure Lal Committee dealing with conversions of new buses or for retrofitment i.e. the change of diesel engine with a CNG engine. It is submitted by learned counsel appearing for different parties that some responses have been file before the Bhure Lal Committee to its report and that others would filed responses to the report of that Committee in this Court as well as make representations to the Bhure Lal Committee for its reconsideration of the drawbacks pointed out by it. 4. The learned amicus in this application (I.A. No. 143 of 2001) has made the following prayers: (a) Direct the Delhi Government to indicate a time schedule on the aforementioned basis during which the entire city bus fleet (stage carriage and contract carriage) would be converted into the single-fuel mode using CNG. (b) Direct imposition of appropriate financial penalty on all those who would be permitted to use diesel buses in the interregnum and this penalty be deposited in an appropriate fund to be used for measures to clean up the polluted environment of the city. (c) Extend the time granted by this Hon'ble court vide its order dated 26-3-2001 M.C. Mehta vs. Union of India, (2001) 3 SCC 756 on appropriate terms as to replacement of buses and imposition of penalty, as above. 5. As at present advised, we are not inclined to make an order with regard to prayer (b) of this application. We, however, make an order in terms of prayer (a) and direct the Government of NCT of Delhi to indicate the time schedule during which the entire city bus fleet (stage carriage and contract carriage buses other than those permitted to operate on inter-State routes) would be converted to single-fuel mode of CNG. The necessary inputs for submitting the said affidavit will be obtained by the Delhi Administration from manufacturers and others concerned. 6. Unfortunately, attempts have been made to confuse the entire issue of controlling vehicular pollution and helping the environment to a debate on “CNG Good or CNG Bad.” It is not disputed by anyone before us that CNG at present is the available clean fuel.
6. Unfortunately, attempts have been made to confuse the entire issue of controlling vehicular pollution and helping the environment to a debate on “CNG Good or CNG Bad.” It is not disputed by anyone before us that CNG at present is the available clean fuel. Therefore, the debate “CNG Good or CNG Bad” is only an attempt to shift the focus from a clean environment to CNG or confuse the entire issue. Those attempting to do so perhaps do not realise their responsibility towards the citizens, who suffer because of vehicular pollution. We are not inclined to take notice of various confusing statements being made by different persons from time to time in this behalf and would contend by saying that “forgive them for they know not what they say.” 7. To day the problem before us, as submitted by learned counsel for the Union of India as well as the Government of NCT of Delhi and the learned amicus is that if our order dated 26-3-2001 M.C. Mehta vs. Union of India, (1998) 6 SCC 63 which had modified to an extent our order dated 28-7-1998 M.C. Mehta vs. Union of India, (1998) 6 SCC 63 is not given some further relaxation, the commuters as well as those of the transporters who have either placed orders and are waiting to collect their vehicles or they have already started the conversion process but have not been able to get the conversion done so far would suffer. We, therefore, in the interest of the public in general and the commuters in particular extend the time fixed by us vide our order dated 26-3-2001 M.C. Mehta vs. Union of India, (2001) 3 SCC 756 to 18-10-2001 when the matter will be taken up at 2.00 p.m. for further consideration. This interim relaxation is, however, subject to the following conditions: (i) The Union of India as well as the Government of NCT of Delhi will take all appropriate steps to ensure that diesel is not adulterated by checking the quality of diesel not only at the petrol pumps but also in the vehicles which are using that diesel to ensure that it is with 0.05% sulphur content. (ii) Strict action shall be taken against the defaulters including cancellation of their licence/permits.
(ii) Strict action shall be taken against the defaulters including cancellation of their licence/permits. (iii) The checking of petrol pumps and vehicles shall be done by such methods as the Union of India and the Government of NCT of Delhi mutually decide. 8. Learned amicus has drawn our attention to the difficulties being faced by ambulances and diagnostic buses managed and operated by nursing homes and hospitals. 9. Mr. Mukul Rohatgi, learned Additional Solicitor General has pointed out some difficulties with regard to SPG vehicles. Learned counsel for the Government of NCT of Delhi submits that buses being used by the prison authorities for carriage of prisoners from jails to courts are also facing similar difficulties in view of our orders dated 28-7-1998 M.C. Mehta vs. Union of India, (1998) 6 SCC 63 and 26-3-2001 M.C. Mehta vs. Union of India, (2001) 3 SCC 756 . We wish to clarify that these three categories of vehicles shall not be treated to fall under the “city bus fleet” and therefore those orders shall not come in their way. 10. List the matter for further directions on 18-10-2001 at 2.00 p.m.