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

Citation: [1997] SUPP. 5 S.C.R. 303 · Decided: 20-11-1997 · Supreme Court of India · Bench: J.S. VERMA, B.N. KIRPAL, V.N. KHARE · Disposal: Directions issued
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Judgment (excerpt)

M.C. MEHTA 
A 
v. 
UNION OF INDIA AND ORS. ETC. 
NOVEMBER 20, 1997 
[J.S. VERMA, CJ., B.N. KIRPAL AND V.N. KHARE, JJ.] 
B 
Constitution of India, I950 : Articles 32 and I42. 
Road Safety-Traffic control-Directions given by Supreme Court to 
authorities entrusted with enforcement of Motor Vehicles Act and Control of C 
Traffic and Police. 
Educational Institutions-Buses driven for-Necessaiy experience and 
conditions for drivers of educational institutions-Such buses should carry 
necessary inscription of educational institution and drivers to wear distinctive 
uniforms. 
D 
Speed Control Devices-Heavy and medium transport vehicles-Light 
goods vehicles-Shall not be permitted to operate on road unless fitted with 
speed control device-Speed not to exceed 40 Kms. per hour-Exception to 
this direction-Vehicles operating on inter-state permits and national goods 
permit-Transport vehicles should not be permitted to overtake any other E 
four wheel vehicle-Buses shall be confined in their lanes-Authorities to 
ensure that bus lanes are segregated-Steps should be taken to have the 
appropriate bus stop constructed-Permit holders to submit particulars of 
authorised drivers and photos to be submitted to transport authorities and 
also to be displayed in buses-Authorities to identifY and devise ways for 
solving congestion problem-Road-side hoardings causing disturbance to F 
traffic shall be removed-Flying squads should be set up for enforcing these 
directions-In order to create awareness these directions be publicised in 
print and electronic media. 
ORIGINAL JURISDICTION : Writ Petition (C) No. 13029 of 1985 
Etc. 
G 
(Under Article 32 of the Constitution of India.) 
M.S. Usgaonkar, Additional Solicitior General, Harish Salve, (A.C.), Dr. 
Rajiv Dhawan, Arun Jaitley, Swaraj Kaushal, Mukul Mudgal, (M.C. Mehta) In-
person (NP), Ms. Seema Midha, Wasim A.Qadri, A.D.N. Rao, Niranjana Singh, H 
,303 
304 
SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R. 
A S.N. Sikka, Ms. Indra Sawhney, Ms. Anubha Jain, Arvind Kumar Sharma, 
Rajiv Nanda, Hardeep Singh Anand, R.K.Kapoor, P. Verma, S.K. Srivastava. 
B.R. Kapur, Anis Ahmed Khan, Shri Narain, Sandeep Narain, D.K.Garg, Sanjeev 
Pabby, Vijay Panjwani, R.K. Maheshwari, Ms. Manju Bharti, Ranjit Kumar, R. 
Sasiprabhu, Manish Garg, Ashok Mathur, D.M. Nargolkar, Pradeep Misra, 
B Ms. Niti Dikshit, Mrs. Anil Katiyar, Ms. Sushma Suri, D.S. Mehra, Saharya & 
Co., Ejaz Maqbool, R.P. Gupta, K.K. Gupta, C.V.S. Rao. L.K. Pandey, S.B. 
Upadhyay, S.R. Setia, Sanjay Parikh and Satish Aggarwal for the appearing 
parties. 
c 
D 
The following Order of the Court was delivered : 
After hearing learned counsel for the paities and learned Amicus Curiae 
for reasons indicated separately in exercise of the power of this Court under 
Article 32 read with Article 142 of the Constitution of India, we hereby give 
the following directions, namely: 
A. The Police and all other authorities entrusted with the administration 
and enforcement of the Motor Vehicles Act and generally with the control of 
the traffic shall ensure the following : 
(a) No heavy and medium transport vehicles, and light goods vehicles 
being four wheelers would be permitted to operate on the roads of the NCR 
E and NCT, Delhi, unless they are fitted with suitable speed control devices to 
ensure that they do not exceed the speed liniit of 40 KMPH. This will not 
apply to transport vehicles operating on Inter-State permits and national 
goods permits. Such exempted vehicles would, however, be confined to such 
routes and such timings during day and night as the police/transport authorities 
F may publish. It is made clear that no vehicle would be permitted on roads 
other than the aforementioned exempted roads or during the times other than 
aforesaid time without a speed control device. 
(b) In our view the scheme of the Act necessarily implies an obligation 
to use the vehicle in a manner which does not imperil public safety. The 
G authorities (lforesaid should, therefore, ensure that the transport vehicles are. 
not pennitted to overtake any other four wheel motorised vehicle. 
(c) ·They will also ensure that wherever it exists, buses shall be confined 
to the bus lane and equally no other motorised vehicle is pennitted to enter 
upon the bus lane. We direct the Municipal Corporation of Delhi, NDMC, 
H PWD, Delhi Government and DDA, Union Government and the Delhi Cantt. 
0 
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M.C. MEHTA v. U.0.1. 
305 
Board to take steps to ensure that bu
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