Holding

The Court directed the immediate implementation of a detailed, time‑bound plan to control vehicular pollution in Delhi and warned that failure to comply would constitute contempt of court.

Summary

The Supreme Court, hearing a writ petition under Article 32 filed by environmental activist M.C. Mehta, examined the persistent rise in vehicular pollution in Delhi despite earlier court directions and the Bhure Lal Committee report. The Court noted that the State had failed to implement the recommended measures, with vehicular emissions now accounting for 70% of Delhi's air pollution. Consequently, the Court issued a series of specific, time‑bound directives, including restricting old commercial vehicles, limiting daytime operation of goods vehicles, expanding pre‑mixed oil dispensers, banning loose two‑stroke oils, and implementing a comprehensive set of actions outlined by the Bhure Lal Committee. The Court ordered that a compliance report be filed within four weeks and warned that non‑compliance would attract contempt proceedings. The petition remains pending, with the Court’s directions to be strictly adhered to by the authorities.

Issues considered

What specific measures should be taken to curb vehicular pollution in Delhi?
Whether the State authorities have complied with earlier Supreme Court directions and the Bhure Lal Committee recommendations.
Whether the Court can enforce time‑bound directives and impose contempt for non‑compliance.

Legislation cited

Contempt of Courts Act

Subjects

environmental lawvehicular pollutionair pollutionDelhiSupreme CourtArticle 32Contempt of CourtBhure Lal Committeeimplementationpublic health

Judgment

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

JULY 28, 1998

B [DR. A.S. ANAND, B.N. KIRPAL AND V.N. KHARE, JJ.]

Environmental Pollution:

Vehicular pollution in Delhi-Directions given by Supreme Court earlier
C to arrest and control vehicular pollution-Implementation of-Report of
Bhure Lal Committee giving time frame for immediate improvement of air
quality-Approved-Further directions given by Court to arrest the growing
pollution of air and to implement Bhure Lal Committee Report-Compliance
report to be filed in the Court.

D CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 13029 of
1986 Etc.

Under Article 32 of the Constitution of India.

Altaf Ahmed, Additional Solicitor General, Harish N. Salve, (A.C.), P.P.
E Malhotra, Shanti Bhushan, K. Parasaran, Uday Umesh Lalit, Manoj Prasad,
Kailash Vasdev, Mrs. Indira Sawhney, Arvind K. Sharma, Mrs. Anubha Jain,
Mrs. K.P. Mittal, Mrs.Niranjana Singh, Wasim A. Quadari, Mrs. Anil Katiyar,
Ms. Smitha Inna, D.S. Mehra, Pramod B.Agarwala, Ms. Praveena Gautam,
Aruneshwar Gupta, Srilok Nath Rath, Shri Narain, Sandeep Narain, Suishil
F Kumar Jain, A.P. Dhamija, Ms. Kiran, Ms. Arpita Roy Choudhary, Sanjay
Katayal,Vineet Kumar, (Rajeev Dutta) (NP), (M.A. Chinnaswamy,) (NP), R.P.
Gupta, R. Sasiprabhu, R.K. Maheshwari, Ashok Mathur, Ranjit Kumar, Ejaz
Maqbool, Hardeep Singh Anand, Vijay Panjwani, Anis Ahmed Khan, L.K.
Pandey, S.B. Upadhyay, S.R. Setia, Sanjay Parikh, Mahabir Singh and Dinesh
Kumar Garg for the appearing Parties.
G
The following Order of the Court was delivered :

Realising the urgency and importance of protection and improvement of
the environment, this Court has given direction from time to time and impressed
upon the authorities to take urgent steps to tackle the acute problem of
H vehicular pollution in Delhi. Assurances have been held out to the Court
918
M.C. MEHTA v. U.0.1. 919
through various affidavits filed by the competent officers that effective steps A
'"' shall be taken in a phased manner within a specified time span. Inspite of the
· matter having engaged the attention of this Court for a long time and lengthy
debates on each hearing, precious little appear to have been done by the
State Administration to check and control the vehicular pollution. We are
rather distressed at this apathy of the State Administration, wherr according B
to the White Paper published by the Government of India, tJ{~ vehicular
pollution contributes 70% of the air pollution as compared to 20% in 1970.
In the White Paper published by the Government of India, iyaead line of I st
April, 1998 had been proposed for implementation of major a,eiions. No concrete
steps have however, been taken till date in spite of tho/'1'ssurances held out
in the affidavit dated November 18, 1996.
/
I C
We find from the report submitted by the Authority appointed vide
Gazette Notification dated 29th January, 1998 that none of the major actions,
as proposed, has been implemented. The Authority headed by Shri Shure Lal
has also proposed certain measures for immediate improvement of air quality
and has given a time frame but for the time being we are not engaging our D
attention to that time frame. We are, however, of the view that to arrest the
growing pollution of air certain steps need to be taken immediately We,
therefore, direct:-

f. Implementation of directions to restrict plying of commercial vehicles
including taxis, which are 15 years old, by 2nd October, I 998. E
2. Restriction on plying of goods vehicles during the day time shall
be strictly enforced by I 5th August, I 998.

3. Expansion of pre-mixed oil dispensors (petrol and 2T oil) shall be
undertaken by 31st December, 1998. F
4. Ban on supply of loose 2T oils at petrol stations and service
garages shall be enforced by 3 I st December, I 998.

The Committee headed by Shri Shure Lal has also proposed the following
measures within the time frame in its action taken report filed in the Court. G
Time frame.

(A) Augmentation of public transport 1.42001
(state carriage) to 10,000 buses.

(B) Elimination ofleaded petrol from NCT Delhi 1.9.1998 H
920 SUPREME COURT REPORTS [1998] 3 S.C.R.

A as proposed by the Authority and agreed to
"1'·
by the Ministry of Petroleum & Natural Gas.

(C) Supply of only pre-mix petrol in all petrol 31.12.1998
filling stations to two-stroke engine vehicles.

B (D) Replacement of all pre 1990 autos and taxis 31.32000

-
with new vehicles on clean fuels.

(E) Financial incentives for replacement of all 31.32001
post 1990 autos and taxis with new vehicles •
on clean fuels.
.c
(F) No 8-year old buses to ply except on CNG or 1.42000
other Clean fuels.

(G) Entire city bus fleet (OTC & private) to be 31.3.2001
steadily converted to singly fuel mode on CNG.
D (H) New ISBTs to be built at entry points in North 31.3.2000
and South-West to avoid pollution due to entry of ·
inter-state buses. .,LJ
(I) GAIL to expedite and expand from 9 to 80 CNG 31.3.2000
supply outlets.
E
(J) Two independent fuel testing labs. to be 1.6.1999
established.

(K) Automated inspection and maintenance hnmeidate
facilities to be set up for
F commercial vehicles in the first phase.

(L) Comprehensive I/M programme to be started 31.3.2000
by transport department a private sector.
(M) CPCB/DPCC to set up new stations and 1.4.2000
strengthen existing air quality monitoring
G stations for cirtical pollutants.
We approve the directions given and the time frame fixed by Shri Bhure
Lal Committee. The time frame, as fixed by that Committee and today by this
Court, in consultation with learned counsel for the parties, shall be strictly
adhered to by all the authorities who shall also take effective and adequate
H steps to bring, to the notice of the public, both through print and electronic
M.C. MEHTA v. U.0.1. 921
media various directions issued by this Court from time to time in general and A
.-:,.. the directions hereinabove contained in particular. Report in this behalf shall
be filed in the Court within four weeks. We, administer, a strong caution to
all concerned that failure to abide any of the directions hereinabove noticed
would invite action under the Contempt of Courts Act against the defaulters.

RP. Petition still pending.

. ,._