PETITIONER:
M C MEHTA
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 01/12/1998
BENCH:
CJI, B.N. Kirpal, V.N.Khare.
JUDGMENT
D E R
This writ petition was filed in 1985. More than a decade has gone by. Various aspects for improvement of environment were highlighted in the petition inluding the one relating to proper management and control of traffic in the National Capital Region and the National Capital Territory of Delhi with a view to ensure adequate safeguards necessary for public safety. Besides this, vehicular pollution was also highlighted and the need for remedial steps convassed to take care of the chaotic traffic conditions which have given rise to road accidents resulting in death and bodily injury to the citizens. TO control vehicular pollution and protect environment is primarily the function of the executive. It is their obligstion to devise suitable measures and provide machinery for rigid enforcement of such measures as are necessary to curb the menace of chaotic traffic conditions and vehicular pollution with a view to ensure the welfare of general public. The inaction on the part of the executive, however, impelled this Court to issue certain directions from time to time in this writ petition, but precious little appears to have been done despite those directions. Before we consider the questi on of holding somebody responsi ble and accountable, we consider it appropriate to repeat some of the directions which had been issued on November 20, 1997 and on subsequent dates and direct their strict compilance. We direct:
"(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 and MCT,
Delhi, unless they are fitted with
suitable speed control devices to ensure
that they do not exceed the speed limit 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 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 concernea
authorities should, therefore, ensure that
the transport vehicles are not permitted
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 permitted to
enter upon the bus lane. We direct the
Municipal Corporation of Delhi, NDMC, PWD,
Delhi Government and DDA, Union Government
and the Delhi Cantt. Board to take steps
to ensure that bus lanes are segregated
and roads markings are provided on all
such roads as may be directed by the
police and transport authorities.
(d) They will ensure that buses
halt only at bus stops designated for the
purpose and within the marked area. In
this connection also Municipal Corporation
of Delhi’, NDMC, PWD, Delhi Government,
DDA and union of India and Delhi Cantt.
Board would take all steps to have
appropriate bus stops constructed,
appropriate markings made and ’busboys
built at such places as may be indicated
by transport/police authorities.
(e) Every holder of a permit
issued by any of the road transport
authorities in the NCR and NCT, Delhi will
within ten days from today, file with its
RTA a list of drivers who are engaged by
him together with suitable photographs and
other particulars to establish the
identity of such persons. Every vehicle
shall carry a suitable photograph of the
authorised driver, duly certified by the
RTA. Any vehicle being driven by a person
other than the authorised driver shall be
treated as being used in contravention of
the permit and the conseouences would
accordingly follow.
(f) No bus belonging to or hired
by an educational institution shall be
driven by a driver who has
- less than five years of
experience of driving a heavy vehicles;
- been challaned more than
twice for a minor traffic offence;
- been charged for any
offence relating to rash and negligent
driving.
All such drivers would be dressed
in a distinctive uniform, and all such
buses shall carry a sutable inscription to
indicate that they are in the duty of an
educational institution.
We direct the Municipal Corporation of Delhi (MCD), New Delhi Municipal Corporation (NDMC), Public Works Department (PWD), Delhi Development Authority (DDA), Delhi Transport Corporation (DTC) and the Delhi Government to take all necessary steps to ensure that (i) bus lanes are segregated and road markings are provided on all such roads as are identified by the police and the transport authority. This exercise shall be done by the concerned within four weeks from today: and (ii) take steps to have appropriate bus stops constructed, aporopriate markings painted and bus bays bu-ilt at such places as may be indicated by the transport/police authorities. This exercise shall commence within two weeks from the date of this order and be completed within six weeks thereafter.
Learned Solicitor General shall file a Status report detailing the action taken with regard to various directions Issued by this Court on 20th November, 1997: 16th December, 1997; 28th July, 1998 and subsequently. The needful shall be done on the affidavit of a resoonsible officer within eight weeks.
We also direct that the Union of India shall ensure that the directions given by this Court on 20th November, 1997: 16th December 1997 and 28th July, 1998 are suitably publicised in the print as well as in the electronic media so that everybody is made aware of the directions contained in our various orders. Publicity on the electronic media should be, to begin with, carried on every alternate day, for at least six weeks.
We wish to emphasise that the directions issued by this Court from time to time, which are in the general public interest, are required to be complied with and it is the obligation of the State to ensure that those directions are complied with. We are considering the appointment of Court Officers with a view to see that the directions issued by us are complied with and in the event the Delhi Administration has any suggestion to make about the aopointment of any such Court Officer, they shall be at liberty to file a list of such persons in the Registry within four weeks.
We further direct that the orders made by us containing various directions relating to vehicular pollution and traffic conditions shall be carried out by all concerned notwithstanding any other order or direction given by any authority, court or tribunal and that no authority, court or tribunal shall interfere with the functioning of the Police or the Transport Department insofar as the implementation and execution of the directions issued by this Court, from time to time, are concerned.