M.C.MEHTA versus UNION OF INDIA & ORS.

M.C.MEHTA versus UNION OF INDIA & ORS.

To reduce pollution, specific restrictions shall be enforced: Non-Delhi-bound vehicles diverted at N.H.-8 Rajokri and N.H.-1 Kundli; ECC rates doubled for loaded vehicles; vehicles registered on or before 2005 barred entry; registration of 2000cc+ diesel SUVs/private cars banned till 31.03.2016; all taxis including aggregators to move to CNG by 01.03.2016; immediate steps for pavement repairs, vacuum cleaning; strict enforcement of construction norms; scientific solid waste disposal mandated.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India; Respondent: Government of NCT of Delhi; Respondent: M.C.D.; Respondent: N.D.M.C.
Jurisdiction
India
Judgment Date
16 December 2015
Procedural Posture
Writ Petition (civil) / Interlocutory Applications and Interim Orders
Outcome
Interim orders issued; matter adjourned for further hearing
Legal Topics
Air Pollution Control, Vehicular Emissions, Solid Waste Management, Construction Pollution, Public Health
Environmental Law Constitutional Law Air Pollution Control Vehicular Emissions Solid Waste Management Construction Pollution Public Health

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Parties

M.C. Mehta

Petitioner

Union of India

Respondent

Government of NCT of Delhi

Respondent

M.C.D.

Respondent

N.D.M.C.

Respondent

Procedural Posture

Writ Petition (civil) / Interlocutory Applications and Interim Orders

Legal Issues

  1. 1 Measures to reduce pollution in Delhi
  2. 2 Regulation of commercial vehicle entry into Delhi
  3. 3 Levy and enhancement of Environment Compensation Charge (ECC)

Ratio Decidendi

To reduce pollution, specific restrictions shall be enforced: Non-Delhi-bound vehicles diverted at N.H.-8 Rajokri and N.H.-1 Kundli; ECC rates doubled for loaded vehicles; vehicles registered on or before 2005 barred entry; registration of 2000cc+ diesel SUVs/private cars banned till 31.03.2016; all taxis including aggregators to move to CNG by 01.03.2016; immediate steps for pavement repairs, vacuum cleaning; strict enforcement of construction norms; scientific solid waste disposal mandated.

Court Disposition

Interim orders issued; matter adjourned for further hearing

Orders

  • No vehicle not bound for Delhi allowed entry from N.H.-8 (Rajokri) and N.H.-1 (Kundli); traffic to be diverted via alternative government-designated routes
  • Empty/unladen vehicles bound for Delhi to pay ECC at Rs. 700 and Rs. 1300 depending on category; loaded vehicles to pay twice the charge