LexM.C. MEHTA versus UNION OF INDIA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B M.C. MEHTA V. UNION OF INDIA AND ORS. MARCH 14, 1991 · [RANGANATH MISRA, CJ, M.H. KANIAAND KULDIP SINGH, JJ.] Constitution of India, 1950-Articles 32, 51-A-Public Interest -~ Litigation-Environment pollution-Control-Measures. Environment (Protection) Act, 1986-Section 3-Problem of • C Vehicular pollution in Delhi-Committee set up by Court. ~ ... The petitioner, an Advocate and Chairman of the Environmental Protection Cell filed the petition under Article 32 asking the Court to · issue directions for closing down of hazardous industries located in the y densely populated areas of Delhi, and for regulation of air pollution D caused by automobiles operating in the area as also the thermal units generating power for the Delhi Electric Supply Undertaking. Making an interim order, and keeping the writ petition pending for the purpose of monitoring, the Court, E HELD: 1. The incorporation of protection of environment as an ~. obligation of the State in the Directive Principles and the mandate in Article 51-A to the citizens of India as part of fundamental duty are indications of the Constitutional recognition of importance of en- vironment of life-both the flora and the fauna. [870A-B] F 2. Law alone also cannot help in restoring a balance in the biospheric disturbance. Nor can funds help effectively. The situation ·~ requires a clear perception and imaginative planning. It also requires ~ sustaine~ effort and result oriented strategic action. Campaign for general awakening of the people using automobiles of different classifi- cations and among the people inhabiting the Capital is an indispensable G preliminary. [871E-G] 3. All persons using automobiles should have a fair knowledge 6f the baneful effect on the community including those who use such vehi- ~ des on account of the emission from such vehicles. Until that is done in an effective way the appropriate attitude would not develop and c:o- H operation for reducing pollution would not emerge. [871F-H] 866 ( \ M.C. MEHTA v. U.0.1. (RANGANATH MISRA, CJ.] 867 4. A Committee is set up by this Court to look ·into the .problem of \'ehicular pollution in Delhi and for devising methocls of solution of the problem. [872H-873A] .. 5. A retired Judge of this Court to' act. as Chairman, the petitioner and the Chairman of the Central ·Pollution Control 'Board A and the person representing the Associatidn of Indian Automobiles· B Manufacturers could be the members of the Committee. The Committee would also have the power to co-opt experts not exceeding three for its efficient working from time to time. The Joint Secretary in the Ministry of Environment and Forests shall ~e the Convenor-Secretary of the Committee. [873A·Dl · 6. The Committee may be constitu(ed with effect. from 18th., C March, 1991, under an appropriate Notification of the Unio~. Government. [873D] 7. The Committee shall furnish a report to this Court once: in two months as to the steps taken in the matter. The Union Government and the Delhi Administration are directed to effectively cooperate with D the Committee for its successful operation. [874B l · ORIGINAL JURISDICTION: Writ Petition No .. 13029of1985. (Under Article 32 of the Constitution of India). Petitioner in person. •.: f E. Altaf Ahmed, Additional Solicitor General, Sri Narain Mathur, - R. Mohan, Ms. Anil Katiyar, Ms. Sushma Suri, K. Swamy, R.K. Maheshwari and S.M. Ashri for the Respondents. The Judgment of the Court "'as delive~ed by • F \. .. ~ RANGANATH MISRA, CJ. This is an application under Article 32 of the Constitution in the public interest litigation sector. A practis- ing advocate who is the Chairman of the EnvirOnment Protection Cell operating at Delhi is the petitioner. This Court has been asked to issue directions for closing down of hazardous industries located in the G densely populated areas of Delhi and for regulation of air pollution \.._. caused by automobiles operating in the area as also the thermal units generating power for the Delhi Electric Supply Undertaking, (here- after referred to as 'DESU'). The Union Territory of Delhi has a total population of about 96 H - 868 SUPREME COURT REPORTS [1991) 1 S.C.R. lakhs, out of which the urban area consisting Of old Delhi, New Delhi ... A """-- a!ld the Cantonment has a population of around 90 lakhs. By 1947 when the country became independent, Delhi had a population of a little over
Excerpt shown. Read the full judgment & AI analysis in Lexace.