LexM. C.MEHTA versus UNION OF INDIA & ORS.
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A B (2017] 6 S.C.R. 686 M. C.MEHTA v. UNION OF INDIA & ORS. (I.A.No. 487/2017, I.A. No. 491/2017, I.A. No. 494/2017, I.A. No. 489/2017, I.A. No. 495/2017) lil (Writ Petition( Civil) No.13029of1985) APRIL 13, 2017 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] C Environment - Pollution- Air Pollution - National Auto Fuel Policy, 2003- Implementation of Bharat Stage norms for vehicular emissions gradually over a period of time in view vf phenomena/ rise in air pollution -Consequent prvhibitivn on sale and 1'egistrativn of stock of vehicles not compliant with Bharat Stagi-IV emission D standards from ]st April, 2017 - Plea of interveners;manufacturers of such vehicles that they were permitted tu ma7mfacture such vehicles upto 31st March, 2017 and hence may be &iven reasonable time to dispose of such existing stock - Held: The implementation of National Auto Fuel Policy was gradual - The intent of the Government was clear that with progress in the implementation plan, E the sale and registration of vehicles that were not Bharat Stage IV complaint would eventually be prohibited with the cut-off date being ]st April, 2017 - The determination to switch over from Bharat Stage Ill compliant vehicles to Bharat Stage IV compliant vehicles was more than evident - Thus, in view of the history of the last decade F leading to the introduction of Bharat Stage norms and their implementation in a phased manner, the automobile industry had, at the very minimum, a five-year warning to consider issues relating to air pollution as a part of its manufacturing activities and revisit its production strategy - But it did not do so - None of the explanations given by interveners-manufacturers justify the failure G of automobile· industry to increase the production of Bharat Stage IV compliant vehicles, in spite of sufficient notice of a switch-over - Admittedly, use of Bharat Stage IV autv fuel reduces particulate matter in air by 80% as compared to Bharat Stage Ill auto fuel - The health of millions of country men and women is important and H cannot be compromised for the commercial interests of the automobile 686 M. C. MEHTA v. UNION OF INDIA & ORS. 687 industry - Art. 21 entitles them to breathe fresh air or at least less A polluted air - Intervention applications by manufacturers, rejected - Constitution of India - Art.21. Interpretation of Statutes- Literal interpretation vis-a-vis purposive interpretation - When - Plea of manufacturerslinterveners that various notifications issued from time to time should be B interpreted only in a literal manner allowing them to manufacture Bharat Stage Ill compliant vehicles till 31st March, 2017 and therefore, it is unreasonable to expect them to clear the stock of such vehicles on or before 31st March, 2017 - Held: When the health of millions of people in the country is involved, notifications relating to commercial activities ought not to be interpreted in a C literal manner - A purposive interpretation needs to be given to notifications that directly concern public health issues having an impact not only in the present but also in the future. Dismissing the I.As. filed by manufacturers/interveners, the Court D HELD: 1.1 The National Auto Fuel Policy, 2003 was announced by the Government of India taking into account, inter alia, the rapid growth in the automobile industry and the increasing number of vehicular population which had become "one of the major causes in the phenomenal rise of air pollution in India." It E was noted that air pollution is caused by several factors but the dramatic rise in vehicular emissions has compounded the problem. [Para 38) [699-F] 1.2 It is clear that the Government was quite determined to introduce Bharat S-IV emission norms in respect of all vehicles manufactured on and from 1st April, 2017 onwards. The F implementation of this policy was gradual, starting with the NCR Region and ten mega cities and this was extended from time to time to other cities. The intent was made clear that with the progress in the implementation plan there would be an increase in the number of cities where the sale and registration of vehicles G that are not BS-IV compliant would be prohibited with the cut-off date being 1st April, 2017. This was coupled with the mandate to manufacturers of two and three wheeler vehicles that they could manufacture new models of vehicles on and after 1st April, 2016 only if they
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