Research › Browse › Judgment

Supreme Court of India · body

2002 DIGILAW 792 (SC)

M. C. Mehta v. Union of India

2002-07-15

ASHOK BHAN, B.N.KIRPAL, V.N.KHARE

body2002
ORDER : DIRECTIONS WITH REGARD TO AFFIDAVIT FILED BY INDRAPRASTHA GAS LIMITED 1. With regard to the direction contained in this Court's order dated 9th May, 2002 requiring the Bhure Lal Committee to go into the question of pricing of CNG, a letter has been received dated 6th July, 2002 asking for extension of time by two weeks. The said Committee is granted two weeks more time to submit a report. DIRECTIONS WITH REGARD TO THE AFFIDAVIT FILED BY THE UNION OF INDIA 2. Mr. Mukul Rohtagi, learned Additional Solicitor General appearing for the Union of India, wants further time to give a Report with regard to the Scheme in relation to the fuel for two wheelers and three wheelers as referred to in this Court's order dated 9th May, 2002. Further time is granted till 16th August, 2002 to file a Report. DIRECTIONS IN RESPECT OF PROVIDING FINANCE TO SC/ST FOR PURCHASE OF BUSES 3. Pursuant to this Court's order of 5th April, 2002, it is stated by Mr. S.W.A. Qadri, learned counsel appearing for the NCT of Delhi, that a Scheme in respect of providing finance to SC/ST for purchase of buses has been made. Neither any such Scheme has been placed on record nor is there any compliance report in respect thereto. On a query being made, Mr. Quadri submits that till today under the Scheme stated to have been formulated no vehicle has yet been made available or permit granted to SC/ST, so much for the concern of the Government for the betterment of SC/ST. We direct the NCT of Delhi to file a compliance report within two weeks. They will indicate as to what is the Scheme and they will also give an explanation as to why the Scheme, if any, has not been implemented so far. This aspect of the case to come up on 29th July, 2002. 4. On the next date of hearing, the Union of India will also indicate as to why the orders have not been passed requiring the vehicles to conform to Category-II/Bharat-II emission norms in the cities other than Delhi which are suffering air pollution. IA No....../2002 filed in Court by Ld. Amicus Curiae 5. Taken on board. 6. Issue notice. Mr. Mukul Rohtagi accepts notice on behalf of the Union of India. Replies be filed by 26th July, 2002. IA No....../2002 filed in Court by Ld. Amicus Curiae 5. Taken on board. 6. Issue notice. Mr. Mukul Rohtagi accepts notice on behalf of the Union of India. Replies be filed by 26th July, 2002. Status report as prayed for in the application also be filed by 26th July, 2002. List on 29th July, 2002. DIRECTIONS WITH REGARD TO THE VEHICLES IN TRANSIT THROUGH DELHI 7. We are informed by the learned counsel for the NCT of Delhi that despite the order of this Court in 2001 no heavy vehicles in transit have been stopped at the border and all of them are allowed to pass through Delhi. Learned counsel states that a Scheme is prepared which of course, is not disclosed to the Court. How any Scheme prepared by the Department will supersede an order of this Court is difficult to comprehend. If the said Scheme permits any trucks in transit to pass through Delhi, the Police Commissioner to show cause why the compliance of this Court's order dated 6th December, 2001 has not been effected and the NCT of Delhi and the Police Commissioner are directed to show cause why the plying of all heavy vehicles through Delhi which do not comply with Category-II norms should not be stopped especially when no effective steps have been taken by the respondents to comply with the orders of this Court of December, 2001. 8. We further make it very clear that there can be no corridor or bye pass joining different national highways through Delhi. The corridors if and when proposed and constructed will have to by pass Delhi. To come up on 29th July, 2002. Rest of the matters 9. Adjourned. 10. Costs of Rs. 20,000/- lying with the Registry to be paid to Supreme court Legal Services Committee.