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

Citation: [2002] 2 S.C.R. 963 · Decided: 05-04-2002 · Supreme Court of India · Bench: B.N. KIRPAL · Disposal: Hearing Adjourned
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Judgment (excerpt)

M.C. MEHTA 
A 
V. 
UNION OF INDIA AND ORS. 
APRIL 5, 2002 
[B.N. KIRPAL, V.N. KHARE AND ASHOK BHAN, JJ.] 
B 
., 
Constitution of India, !950: 
Articles 39(3), 47 and 48-A-Held, these provisions by themselves and 
• 
collectively cast a duty on the State to secure the health of the people, improve C 
public health and protect and improve the environment. 
Environmental Law: 
Air-pollution-City of Delhi-Vehicular pollution-Directions by 
Supreme Court to control vehicular pollution in the National capital- D 
Directions by Environment pollution (Prevention and Control) Authority to 
phase out non-CNG buses-Report of Bhure Lal Committee for conversion to 
CNG mode and direction to phase out non-CNG buses with a time frame--
Report accepted by Supreme Court and directions given by it to switch over 
to CNG foe/ within a specified time limit-Time for phasing out diesel buses E 
expired-Government of NCT of Delhi and Union Government again seeking 
extension of time for conversion ofcon1mercial vehicles to CNG-Time again 
extended upto 3!.I.2002-1.A. by Union of India for farther extension of 
time-Suggestion by Union of india also to permit use of LPG fuel-Held, in 
our constitutional set up orders and directions of Supreme Court cannot be 
nullified or modified or in any way altered by any administrative decision of F 
Central or State Governn1ent-Administrative decision to continue to ply diesel 
buses is in violation of Supreme Court's order-LPG should be an alternative 
to CNG fuel-IA of Union of India for extension of time rejected-As owners 
have continued to ply diesel buses beyond 3I.l.2002 contrary to Supreme 
Court's order, for this disobedience, Director of Transport, Delhi will collect G 
from them the specified amount-Further directions given to Union of India 
to ensure sufficient a/location of CNG to NCT of Delhi and to prepare a 
scheme containing time schedule for supply of CNG to other polluted cities of 
the country. 
Parivesh (September, 200 I issue) published by the Central Pollution Control H 
963 
964 
SUPREME COURT REPORTS 
[2002] 2 S.C.R. 
A Board, referred to. 
B 
.C 
D 
E 
F 
Environmental Law: 
Sustainable development- 'The precautionary principle ' and the 'polluter 
pays principle '-Discussed Doctrines. 
Ve/lore Citizens' Welfare Forum v. Union of India and Ors., [1996] 5 SCC 
647, reiterated. 
Environment (Protection) Act, 1986: 
s.3-Vehicular pollution in city of Delhi-Establishment of Bhure Lal 
Committee as a result of orders of Supreme Court-C.ommittee recommended 
conversion to CNG mode and directed phasing out of non-CNG commercial 
vehicles within a time limit-Held, Bhure Lal Committee was established u/s 
3-Directions issued by the said Committee are statutory and continue to be 
in force-It is not open to Union of India to seek variation of the same without 
any justifiable reason-Environment Pollution (Prevention and Control) 
Authority is also a statutory authority constituted u/s 3-Authority also directed 
to phase out non-CNG buses-Its directions are final and binding on all 
· persons and organisations concerned-Environments Law: 
Sector 14 Residents Welfare Association and Ors. v. State of Delhi and Ors., 
(1999) 1 sec 161, relied on. 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 13029 of 
1985. 
(Under Article 32 of the Constitution of India.) 
Harish N. Salve, Solicitor General, (A.C.), Mukul Rohtagi, Additional 
Solicitor General, Rakesh Dwivedi, T.R. Andhiyarujina, Uday Umesh Lalit, 
(AC), Ms Aparajit Singh, Siddarth Choudhary, M.C. Mehta in person, (NP) 
for Petitioner, Sushi! Kumar Jain, Ajay Choudhary, Sanjay Bansal, G.K. Bansal, 
G Vineet Jhanji, Ms. Shyel Trehan, Ms. Indu Malhotra, S. Wasim A. Qadri, 
Abhishek Choudhary, Bipul Kumar, D.S. Mehra, A.D.N. Rao, Y.P. Mahajan, 
B.V. Balaramdas, 
Percy Gandhi, 
R.N. Karanjewala, 
Ms. Nandini Gore, 
Ms, Pooja Gautam, Ms. Manik Karanjawala, S.K. Puri, Ujjwal Banerjee, 
Ms. Anindita Gupta, H.K. Puri, Siddharth Yadav, Ms. Anupama Grover;-Rakesh 
K. Sharma, Narendra Venna, Vishal Gupta, Sanjeev K. Kapoor, Sanjay Pathak, 
H Anil Kumar Mittal, Prashant Bhushan, Joseph Pookkatt, Presenjit Keswani, 
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M.C. MEHTAv. U.0.l. 
965 
Prashant Kumar, Dhruv Mehta, Ms. Anu Mehta, Bipul Kumar, Ms. A. A 
Subhashini, Ms. Sheil Sethi, Vijay Panjwani, Sri Narain, Sandeep Narain, 
Ms. Anjali, Ms. Rani Chhabra, V.B. Saharya, Rakesh K. Khanna, Reetesh 
Singh and Surya Kant for the appearing parites. 
The following
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