2001 (3) TMI 1063 - SC - Indian Laws

Summary

Issues Involved:
1. Rapid deterioration of air quality in Delhi.
2. Compliance with the Supreme Court's directions for conversion of city bus fleet to CNG mode.
3. Requests for extension of deadline for conversion to CNG.
4. Difficulties faced by transporters in converting to CNG.
5. Accountability of governmental authorities and private bus operators.
6. Legal standing of private bus operators regarding emission norms.
7. Specific exemptions and relaxations granted by the Court.

Detailed Analysis:

1. Rapid deterioration of air quality in Delhi:
The Supreme Court noted the rapid deterioration of air quality in Delhi, which was becoming a health hazard and environmental enemy. To address this, the Court had issued various directions in the main Writ Petition aimed at improving air quality.

2. Compliance with the Supreme Court's directions for conversion of city bus fleet to CNG mode:
On 28th July 1998, the Court issued directions based on the Bhure Lal Committee's recommendations. One significant direction was that the entire city bus fleet must be converted to a single fuel mode of CNG by 31st March 2001. Another direction prohibited buses older than eight years from plying unless they used CNG or another clean fuel after 1st April 2000.

3. Requests for extension of deadline for conversion to CNG:
Several applications were filed seeking an extension of the deadline for converting the city bus fleet to CNG beyond 31st March 2001. The Court made it clear that allowing buses not running on CNG to ply after the deadline was not an option, emphasizing the lack of earnestness in implementing the order.

4. Difficulties faced by transporters in converting to CNG:
Transporters cited issues such as non-availability of defect-free CNG conversion kits, reasonable prices for conversion, lack of stabilization of CNG technology, and non-availability of CNG and CNG cylinders. However, the Court found no satisfactory explanation for why these issues were not raised earlier.

5. Accountability of governmental authorities and private bus operators:
The Court acknowledged that inconvenience to the public, including school children, might arise due to the lack of effective action by private bus operators and governmental authorities. The Court held them accountable for the situation and emphasized that the administration's lapses should not cause public suffering.

6. Legal standing of private bus operators regarding emission norms:
Private bus operators argued that their existing buses met emission norms under the Motor Vehicles Act and that they were not heard before the time schedule was fixed on 28th July 1998. The Court rejected this argument, stating that the directions were not adversarial and were meant to safeguard citizens' health under Article 21 of the Constitution. The Court emphasized that the Bhure Lal Committee's directions had legal sanctions and were binding on all parties.

7. Specific exemptions and relaxations granted by the Court:
The Court declined to grant a blanket extension of the deadline but provided specific relaxations in public interest:
- Schools that placed firm orders for CNG buses or conversion by 31st March 2001 could run existing buses (not older than eight years) until 30th September 2001.
- DTC was allowed to run 1880 existing buses (including CNG buses) not older than eight years until 30th September 2001, with a full complement for school duties.
- Contract carriage operators with bona fide belief that their buses were not covered by the 1998 order were directed to comply with the CNG conversion or clean fuel requirement.
- Contract carriage buses used as school buses were permitted to run existing buses (not older than eight years) until 30th September 2001, provided they had taken steps for CNG conversion or replacement.
- Other bus operators and commercial vehicle owners who placed firm orders for CNG conversion by 31st March 2001 were allowed to run existing buses (not older than eight years) until 30th September 2001.
- All India Tourist Permit buses were permitted to run existing buses (not older than eight years) until 30th September 2001, with an undertaking to switch to CNG or clean fuel by then.
- No commercial vehicle would be registered in Delhi post-1st April 2001 unless it conformed to the order dated 28th July 1998.
- The transport department was directed to ensure no misuse of the relaxations.
- Except for the granted relaxations, no commercial vehicles were to ply in Delhi unless converted to CNG from 1st April 2001.

The Court also directed the Bhure Lal Committee to examine whether low sulphur diesel could be considered a clean fuel and submit a report within a month.