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

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

Supreme Court orders regarding conversion of commercial vehicles to CNG mode are binding and cannot be overridden or modified by administrative decisions of the State or Union Government. The duty to protect public health and environment is constitutional and statutory. Extension of time for conversion of diesel buses to CNG is not justified. Punitive costs are imposed for continuing to ply diesel buses after expiry of court-imposed deadlines.

Parties
Petitioner: M.C. Mehta; Respondent: Union of India; Respondent: Government of NCT of Delhi; Respondent: Other Bus Owners (Commercial Vehicle Operators)
Jurisdiction
India
Judgment Date
05 April 2002
Procedural Posture
Writ Petition (civil) / Order Issued on I.a. for Extension of Time; Matter Pending for Further Orders
Outcome
I.A. seeking further extension of time for running diesel buses is dismissed with costs; further directions issued to enforce conversion to CNG buses; matter kept pending for further orders.
Legal Topics
Vehicular Pollution, Air Pollution Control, Sustainable Development, Precautionary Principle, Polluter Pays Principle
Constitutional Law Environmental Law Vehicular Pollution Air Pollution Control Sustainable Development Precautionary Principle Polluter Pays Principle

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Parties

M.C. Mehta

Petitioner

Union of India

Respondent

Government of NCT of Delhi

Respondent

Other Bus Owners (Commercial Vehicle Operators)

Respondent

Procedural Posture

Writ Petition (civil) / Order Issued on I.a. for Extension of Time; Matter Pending for Further Orders

Legal Issues

  1. 1 Whether the State has a constitutional and statutory duty to protect public health and environment by controlling vehicular pollution
  2. 2 Whether Supreme Court orders for conversion of commercial vehicles to CNG mode can be altered or nullified by administrative decisions
  3. 3 Whether CNG and alternative fuels should be prioritised for transport sector

Ratio Decidendi

Supreme Court orders regarding conversion of commercial vehicles to CNG mode are binding and cannot be overridden or modified by administrative decisions of the State or Union Government. The duty to protect public health and environment is constitutional and statutory. Extension of time for conversion of diesel buses to CNG is not justified. Punitive costs are imposed for continuing to ply diesel buses after expiry of court-imposed deadlines.

Court Disposition

I.A. seeking further extension of time for running diesel buses is dismissed with costs; further directions issued to enforce conversion to CNG buses; matter kept pending for further orders.

Orders

  • Union of India to prioritise allocation of CNG to transport sector in Delhi and other polluted cities.
  • Diesel bus owners required to pay Rs. 500 per bus per day for first 30 days, Rs. 1,000 per day thereafter, for operation beyond deadline.