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2003 DIGILAW 973 (SC)

M. C. Mehta v. Union of India

2003-08-14

ARIJIT PASAYAT, V.N.KHARE, Y.K.SABHARWAL

body2003
ORDER : I.A. Nos. 190 and 215 1. Delay condoned. The amount deposited shall be treated as deposited within time. These IAs stand disposed of. 2. Directions with regard to the Report regarding pricing of CNG by the IGL submitted by the Bhure Lal Committee. 3. The Union of India shall clarify within four weeks its stand taken in its affidavit dated 11th August, 2003 in respect of paragraphs 4C(i) and 4C(ii). List thereafter. I.A. No. ....... (filed in Court by learned Amicus Curiae) 4. List after four weeks. By that time, the Union of India shall file an affidavit regarding accommodation to be made available to Shri Bhure Lal, Chairman of the Environment Pollution (Prevention and Control) Authority (for short "EPCA"). Matter regarding compulsory switch over of all two wheelers, three wheelers and motor vehicles to LPG/CNG in cities other than Delhi which are equally or more polluted 5. CPCB's report shows that the Respirable Suspended Particulate Matter (in short "RSPM") levels in Ahmedabad, Kanpur, Sholapur, Lucknow, Bangalore, Chennai, Hyderabad, Mumbai and Kolkata are alarming. It has been observed therein that air pollution is a serious problem and, therefore, some measures are required to be taken immediately. It is admitted that most critical form of pollution is Respirable Suspended Particulate Matter (RSPM) and in all the above cities same is in the most critical form. Though the report shows that in Delhi also the level is high, in view of the fact that there has been considerable reduction (when figures of 1996 and 2002 are compared) for the present, the present arrangements for Delhi will continue, until further orders. 6. Issue notices to the States of Maharashtra, Andhra Pradesh, Gujarat, Uttar Pradesh, Karnataka and Tamil Nadu. In the meantime, we direct that the Union of India and the respective States shall draw a plan for lowering the rate of RSPM level in the aforesaid cities. After the plan is drawn, the same would be placed before EPCA. This may be done within a period of two months. We are excluding Mumbai and Kolkata where the respective High Courts are stated to be monitoring the RSPM levels in those cities. EPCA after examining the matter shall submit a report to this Court within a period of four weeks thereafter. 7. List this matter on 17th November, 2003. Regarding amount deposited by NCT of Delhi (Transport Department) 8. We are excluding Mumbai and Kolkata where the respective High Courts are stated to be monitoring the RSPM levels in those cities. EPCA after examining the matter shall submit a report to this Court within a period of four weeks thereafter. 7. List this matter on 17th November, 2003. Regarding amount deposited by NCT of Delhi (Transport Department) 8. As a result of penalty realised, sum of about rupees 26 crores has been deposited which has been invested in a fixed deposit. On 5th April, 2002, the NCT of Delhi was required to frame a Scheme for investment of such amount, but till date no such Scheme has been framed. When the matter is taken up, learned counsel appearing for the Govt. of NCT of Delhi prays for a further period of one month to frame the said Scheme and produce the same before this Court. We grant this prayer. One month's time to Govt. of NCT of Delhi is allowed to frame the Scheme. 9. List this matter after one month. 10. The FDRs which are going to mature on 24th August, 2003 shall be renewed for a further period of six months. I.A. No. 179 11. Let a response to EPCA's report dated 2nd May, 2003 be filed by the Govt. of NCT of Delhi as well as Commissioner of Police within a period of two weeks. List this I.A. after two weeks on a date to be given by the Registry. I.A. Nos. 188-189 12. Issue notice. 13. List along with I.A. No. 179 on a date to be given by the Registry. I.A. No. 180 14. In view of the recent affidavit filed by the Govt. of NCT of Delhi, this I.A. does not survive. It is, accordingly, dismissed as infructuous. Matter regarding the motor vehicles transit through Delhi 15. List along with I.A. No. 179. I.A. No. 181 16. Issue notice. I.A. Nos. 182, 183 and 184 17. List along with I.A. No. 179. I.A. No. 185 18. None appears on behalf of the applicant. I.A. is rejected. I.A. No. 197 19. EPCA may consider the measures to be taken for easing the traffic congestion and increasing idling of vehicles within Delhi. EPCA may submit its report to this Court within a period of two months. 20. This I.A. is disposed of. I.A. No. 199 21. None appears on behalf of the applicant. 22. I.A. is rejected. I.A. No. 197 19. EPCA may consider the measures to be taken for easing the traffic congestion and increasing idling of vehicles within Delhi. EPCA may submit its report to this Court within a period of two months. 20. This I.A. is disposed of. I.A. No. 199 21. None appears on behalf of the applicant. 22. I.A. is rejected. I.A. No. 213 23. Let this I.A. be sent to EPCA for its report. P.W.D. is permitted to present its views before EPCA. However, the prayer for variation/revocation is rejected. I.A. No. 187 24. I.A. is dismissed as infructuous. I.A. No. 192 25. Issue notice. 26. Let a response be filed by the Govt. of NCT of Delhi to this I.A. within four weeks. I.A. Nos. 194-195 and 207 27. Let a response be filed by the Chief Controller of Explosives, New Delhi and the Oil Industry Safety Directorate, New Delhi, within six weeks, to these applications indicating therein what measures can be taken for safety requirements. 28. List after the response is received. I.A. No. 201 and I.A. No. ..... in I.A. No. 201 29. No orders are required to be passed on these I.As. I.A. No. 203 30. Adjourned. I.A. No. 202 31. Issue notice. 32. Let a response be filed by the Govt. of NCT of Delhi to this I.A. within four weeks. I.A. Nos. 205-206 33. I.As. are rejected. I.A. No. 208 34. This I.A. is permitted to be withdrawn with liberty to file a fresh one. I.A. No. 212 35. Learned counsel appearing for Delhi Police prays for and is allowed four weeks' time to furnish the particulars of vehicles which the applicant wants to be exempted from the purview of the orders of this Court. List thereafter. I.A. No. 214 36. With the passage of time, this I.A. is rendered infructuous. It is dismissed as such. Reg. 15th Progress Report 37. Let the 15th Progress Report of Bhure Lal Committee (EPCA) be taken on record. WP(C) No. 939/1996, SLP(C) No. 13208/1998 and SLP(C) ... (CC6990-6991) : 38. Let a set of papers in these matters be given to the learned Amicus Curiae by the Registry. 39. The matters are adjourned. WP(C) Nos. 440/1999, 227/2001 and 355/2001 : 40. The writ petitions are dismissed. I.A. Nos. 210-211 41. Adjourned.