M.C. MEHTA ETC.versusUNION OF INDIA AND ORS.

A                              M.C. MEHTA ETC.
                                         v.
                         UNION OF INDIA AND ORS.

                              DECEMBER 16, 1997

B
          [A.M. AHMADI, CJ., B.N. KIRPAL AND V.N. KHARE, JJ.]


          Motor Vehicles Act, 1988 :

          Motor Vehicles Rule:,~ 1993: Rule 17.
c
         Public safety-Roal traffic-Directions issued by Supreme
   Cowt-Modificatio11s of-Issue of fwther directions---<:ommercial licences
  issued between 1993-95 be re--verified to weed out licences issued without
  fallowing the mies-Prescription of refresher training course as a condition for
D renewal of licence for heavy vehicle-Pe1mit which has he en or is being used
  by any person other than the original grantee, without the express prior
  pennission of the grantee should not be renewed-Steps should be taken to
  remove all encroachments on roads-Appropriate authorities should frame
  guidcli11es for regulating processions 011 road-U11ion of llldia should file
  within two weeks the Action Plan for appointment of private persons to
E enforce traffic safety laws and confer upon such people suitable
  powers-Transp01t as well as the Police Depmtme11ts to e11sure that the
  co11te11ts of this order are duly publicised so that the people using roads are
  made aware of the restrictions imposed-Publicity should be give11 to basic
  mies relati11g to safe driving.
F
        School Children-Safety of-Educational i11stitutions should not use
  buses unless fitted with door.~ which ca11 be used-Such buses shall not be
  permitted to operate without a qualified conductor--f'rese11ce of at least one
  parent in such buses should be ensured-Vehicles transporting students
  should not be pennitted to carry children more tha11 1.5 times of registered
G seating capacity-No fresh pennits in respect of the TSR, save and except by
  way of replacement of an existing working TSR with a new one, shall be
  granted.

        Communist Pmty of India (M) v. Bharat Kumar & Ors., JT (1997) 9
H   sec 101, referred to.
                                         522
                         M.C. MEHTAv. U.0.1.                          523

      CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 13029              A
of 1985 Etc.

      (Under Article 32 of the Constitution of India.)

       Ashok Desai, Attorney General, M.S. Usgaonkar, Additional
Solicitor General, Harish N. Salve, Mukul Mudgal, Ms. Indra Sawhney,         B
Deepak Dewan, A.K. Sharma, S. Wasim A. Qadri, A.D.N. Rao, Ms.
Niranjana Singh, (P. Parmeswaran) for (MOEF), Rajiv Dutta, Hardeep
Singh Anand, Shri Narain, Sandeep Narain, (M.C. Mehta) (NP) In-person,
Ms. Seema Midha, S.N. Sikka, D.S. Mehra, (Ms. Anil Katiyar) for (Min.
of Petroleum), D.K. Garg, Sanjeev Pabby, R.K. Maheshwari, Ms. Manju
Bharti, R.K. Kapoor, P. Verma, S.K. Srivastava, B.R. Kapur, Anis Ahmed
                                                                             c
Khan, Vijay Panjwani, (R. Sasiprabhu, Anees Ahmed, Aditi Singh) for
(GAIL), Pradeep Misra, Ms. Niti Dikshit, Sanjay Parikh, Kailash Vasdev,
Mahabir Singh, Ms. Sushma Suri,. C.V. Snbba Rao, Ashok Mathur, D.M.
Nargolkar, V.B. Saharya, Ejaz Maqbool, R.P. Gupta, K.K. Gupta L.K.
Panday, S.B. Upadhyay, S.R. Setia, Salish Aggarwal and Ranjit Kumar for      D
the appearing parties.

      The following Order of the Court was delivered :

      After hearing the learned amicus cwiae, the Additional Solicitor
General and \he counsel representing certain other interests, we issue the   E
following further directions, namely.

       (l) the figures in relation to issuance of commercial licences show
that there is need lo verify commercial licences, which were issued during
the period 1993-95. We, therefore, direct that all commercial licences
issued during the period 1993-95 be re- verified by the Transport Depart-    F
ment lo weed out all such licences which have been issued without follow-
ing the R ulcs.

      (2) We are informed that a test has now been prescribed for issuance
of new licences. We direct the Transport Department to prescribe a           G
suitable refresher training course as a condition for the renewal of any
licence to drive a heavy vehicle.

       (3) The grantee of a permit cannot (without express prior permis-
sion), under the provisions of the Motor Vehicles Act, either transfer his
permit or to allow some other person to operate a vehicle on this permit.    H
    524                   SUPREME COURT REPORTS [1997) SUPP. 6 S.C.R.

A Any such use of permits - which really constitutes a trading in permits - is
    a patent violation of the Motor Vchicles Act and the Rules and would
    render the permit liable to cancellation apart from other legal consequen-
    ces. We direct the authorities not to renew any permit which has been or
    is being used by any person other than the original grantee, without the
    express prior permission of the grantee.
B
          (4) We direct the Civic Authorities to lake necessary steps to remove
    immediately all encroachments - temporary or permanent - on roads and
    pavements, which affect the smooth flow of traffic or obstruct the way of
    pedestrians. Stray cattle and other similar obstructions would also have to
C   be similarly dealt with.

           (5) The need for safety of school children travelling in buses requires
    that such buses be fitted with doors that can be shut. We, therefore, direct
    that on or after 31st January, 1998, no bus shall be used by an educational
    institution unless it is fitted with doors which can be closed. No educational
D   institutions shall, after the said date, use a bus if it has an open door.

           (6) Similarly, it is essential that, in addition to a driver, there is
    another qualified person in the bus who can attend lo the children travell-
    ing in the bus. Rule 17 of the Motor Vehicles Rules, 1993 stipulates
E   qualifications, duties and functions of a Conductor. It would be in the
    interest of safety to require the presence of a qualified conductor on board
    every bus that is being used by an educational institution. We are told that
    at present there is a paucity of trained conductors. We, therefore, direct
    that on or after 30th April, 1998, no bus used by or in the service of an
    educational institution shall be permitted to operate without a qualified
F   conductc: being present at all times.

        (7) We are also informed that some schools have voluntarily re-
  quested the parents of their wards to accompany the buses so as to ensure
  that the drivers drive safely and the lives of the children are not put in
  jeopardy. We commend this action, and direct the Education Department
G to ask all schools including Government and Municipal schools lo evolve
  a similar arrangement as far as possible, so as to ensure that in each bus
  there is at least one parent present who would be able to oversee the
  conduct of the driver. This step would go a long way in ensuring that the
  directions given as well as other safety measures prescribed are complied
H with in letter and spirit and that the driver drives carefully.
                          M.C. MEHTA v. U.0.1.                            525

       (8) One of the problems, which has been brought to our notice, is         A
the overcrowding of buses. After hearing the views of the Transport
Department as well as the Delhi Police (Traffic Wing), we feel it ap-
propriate to direct that no bus belonging to or in use of any educational
institution, shall seat children in excess of 1.5 times its registered seating
capacity. Similarly, other modes of public transport, such as TSRs, taxis
and other vehicles used for transporting the students of an educational
                                                                                 B
institution should not be permitted to carry children more than 1.5 times
their registered seating capacity.

      (9) One of the major pollutants identified in the various affidavits as
well as m the latest Status Report filed by the Government is the TSR (two C
seater rickshaw using a two stroke engine). We are further informed that
although the existing figure of registered TSRs, as per the records, is
approximately 83,000 : the actual number in use is far lesser since some of
these permits have not been cancelled although the vehicles have been ·
scrapped. It would be in the interest of the environment, to freeze the
number of TSRs for the present at the level at which they are actually in D
use in the city. We, therefore, direct that there would be no grant of fresh
permits in respect of the TSR, save and except by way of replacement of
an existing working TSR with a new one.

      (10) We direct the Police Commissioner to frame appropriate                E
guidelines for regulating processions - religious, political or otherwise -
which tend to obstruct the flow of traffic. These guidelines should be in
conformity with the rights of the users of the roads and the exercise of
fundamental freedom of other citizens indicated by this Court in its judg-
ment in Comnumist Pmty of India (M) v. Bharat Kumar and Others, JT
(1997) 9 SC 101.                                                                 F
       (11) The Union of India is directed to file within two weeks the
Action Plan for appointment of private persons to enforce traffic safety
laws and confer upon such people suitable powers under the Cr. P.C. as
well as under the Motor Vehicles Act. The Union of India would also file         G
its response to the repeated suggestion made by the Traffic Police as well
as the Transport Department for augmenting the uniformed force in the
city.

      (12) There are certain modifications called for in our earlier order
dated 20th November, 1997, which we direct as hereunder                          H
    526                 SUPREME COURT REPORTS (1997] SUPP. 6 S.C.R.

A         (i)   In para A( a), add the following :

                "Requirement for installation of speed control devices would
                also not apply to vehicles operating on All India Tourist
                Permits issued by the Transport Department, NCT of Delhi".

B         (ii) In para A(t), the sentence commencing "no bus" and ending
               with "educational institution" shall stand substituted with the
               following."

          "No bus belonging to or hired by an educational institution shall
          be driven by a driver who has -
c
          (a) less than five years of experience of driving heavy vehicles :

          (b) been challaned more than twice in a year in respect of
              offences of jumping red lights, improper or obstructive park-
              ing, violating the stop line, violating the rule requiring driving
D
              within the bus lane, violating restricting the overtaking, allow-
              ing unauthorised person to drive :

          (c)   been challaned/charged even once for the offence of over
                speeding, drunken driving and driving dangerously or for the
E               offences under Sections 279, 337, 338 and 304-A of the Indian
                Penal Code.

              All such drivers would be dressed in a distinctive uninform and
          all such buses shall carry a suitable inscription to indicate that they
          are in the duty of an educational institution".
F
          (iii) In para A( c), after the word "buses" add the words "heavy
                goods vehicles, medium goods vehicles, and 4-wheel light
                goods vehicles plying during the permitted hours.

          (iv) In para A(h), add the following :
G
                "Needless to add, this is in addition to the statutory power
                conferred under Section 115 of the Motor Vehicles Act
                under which the authorities can prohibit or restrict any class
                of vehicles(s) from being used, inter alia, on any particular
H               route or during any period of time.
                          M.°C.MEHTAv. U.O.I.                              527
       (14) The Transport as well as the Police Departments are directed          A
to ensure that the contents of this order are duly publicised so that the
people using roads are made aware of the restrictions imposed. They
should also give publicity to the basic rules relating to safe driving, par-
ticularly those relating to user of bus lanes, changing of lane, overtaking
and right of way on round abouts. We direct the Union of India to make
available the necessary facilities in this regard, particularly in relation to
                                                                                  B
the electronic media.

T.N.A.                                               Petition is still pending.