ORDER

1. These two writ petitions have been filed in public interest in respect of the pollution of the air in the city of Gwalior and the area around about on account of plying of a large number of motor vehicles using unauthorised kerosene oil and diesel, etc. causing health hazards to the inhabitants.

2. In writ petition No. 1500/94, it was prayed that the respondents be directed to have a regular checking of the vehicles and restrict the plying of number of vehicles and also to take certain measures for reducing the pollution by smoke, emitted by such vehicles.

3. In writ petition No. 1831/95, it was prayed that the respondents be directed to have regular checking of the entire vehicles plying in the city of Gwalior and the area around about, committee fur pollution control be formed to ensure control and prevention of air pollution by Auto Rikshaws and Tempos. Court Commissioner be appointed to supervise the checking so done and to submit the report. State of M.P. be directed to provide at least one smoke meter and gas analyser, etc. for checking staff and to issue such necessary instructions to me authorities concerned in accordance with the provisions of Section 20 of the Air Pollution Act and the rules framed thereunder, particularly Rule 116 of the Central Motor Vehicles Rules.

4. We have heard the learned counsel for the parties at length and examined the record. It was pointed out to the Court that the policy of pollution control adopted by the Government of Madhya Pradesh is inadequate. The pollution is increasing every day. There is no check on the number of Vehicles plying in the areas, indiscriminatory licences are issued to temp and unauthorised buses are being allowed to be operated within the city of Gwalior causing health hazards on account of the pollution of the atmosphere by smoke, emitted by such vehicles.

5. Our attention was drawn to a similar situation in the case reported in AIR 1993 Ker 297 (Murali Purushothaman v. Union of India and ors.). The Kerala High Court has given very exhaustive and necessary directions in the matter.

6. The returns filed on behalf of the State and other respondents disclose that the respondents have been taking measures to reduce the pollution by vehicles. They have already started checking the conditions of the vehicles which have threatened equipments. They are also checking the petrol being used by such vehicles and whether kerosene is mixed or there is any case of using unauthorised oil in plying the vehicles. The State Government also submitted that other authorities like the local authorities. Regional Transport Authorities, the Pollution Control Board and the Traffic Police, etc. were not properly co-operating with the machinery of the Stale Government and the directions given in this respect are not being properly complied with. The instructions so given by the Stale Government are contained in Annexures-X/l to X/16 which show the sincere efforts being made by the State Government in this respect.

7. After perusing the record and the necessary documents filed, we find that a scheme was prepared for checking the pollution by the State Government. Necessary directions were given to different departments and authorities concerned in this respect but the strict compliance of the directions given by the State Govt. have not so far been ensured and the pollution is increasing in the city of Gwalior and the areas around about every day. In the case referred above, the Kerala High Court after examining the similar situation had given necessary directions in this respect to ensure emission of pollution oral least minimising it. We fully agree with the case referred before us and the directions given by the Kerala High Court in the similar situation.

8. Further, the apex Court also had taken this aspect of pollution very seriously. Even the established and working factories have been directed to be removed from the city of Delhi, who were causing pollution in the area.

9. The problem of pollution in the city of Gwalior is merely on account of plying of indiscriminate number of vehicles using unauthorised fuel causing emitting smoke injuries to health.

10. We have also found that the checking staff was not fully equipped to check the cause of pollution on the spot. The necessary compliance of Section 20 of the Air Pollution Act and Rule 116 of the Central Motor Vehicles Rules are not being made. No efforts are being made for strict compliance of Section 20 of the Air Pollution Act and the machinery concerned is not strictly observing the provisions of Rule 116 of the Central Motor Vehicles Rules.

10. We quote Section 20 of the Air Pollution Act as below :

"20. Power to give instructions for ensuring standards for omission from automobiles --

With a view to ensuring that the standards for omission of air pollutants" from automobiles laid down by the State Board under clause (g) of Sub-section (1) of Section 17 are complied with, the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939. and such authority shall, notwithstanding anything contained in that Act or the rules thereunder be bound to comply with such instructions."

We also quote Rules 115 and 116 of the Central Motor Vehicles Rules as under :

"115. Emission of smoke, vapour, etc. from moton vehicles --

(1) Every motor vehicle other than motor cycles of engine capacity not exceeding 70cc. manufactured prior to the first day of March, 1990, shall be maintained in such condition and shall be so driven so as to comply with the standards prescribed in these rules;

(2) On and from the date of commencement of this Sub-rule, every motor vehicle shall comply with the following standards :--

(a) Idling CO (Carbon monoxide) emission limit for all four-wheeled petrol-driven vehicles shall not exceed 3 per cent by volume;

(b) Idling Co emission limit for all two and three-wheeled petrol-driven vehicles shall not exceed 4.5 per cent by volume;

(c) Smoke density for all diesel-driven vehicles shall be as follows :

TABLE XXX XXX XXX XXX XXX XXX XXX XXX

116. Test for smoke emission level and carbon monoxide level for motor vehicles --

(1) Notwithstanding anything contained in Sub-rule (7) of Rule 115 any officer not below the rank of Sub-Inspector of police or the Inspector of Motor Vehicles who has reason to believe that motor vehicle is not complying with the provisions of Sub-rule (2) or Sub-rule (7) of Rule 115. may in writing direct the driver or any person incharge of the vehicle to subn it the vehicle for conducting the test to measure the standards of emission in any one of the authorised testing stations, and produce the certificate to an authority at the address mentioned in the written direction within 7 days from the date of conducting the check.

(2) The driver or any person in-charge of the vehicle shall upon such direction by the officer referred to in Sub-rule (1) submit the vehicle for testing for compliance of the provisions of Sub-rule (2) of Rule 116, at any authorised testing station.

(3) The measurement for compliance of the provisions of Sub-rule (2) of Rule 115 shall be done with a meter of the type approved by any agency referred to in Rule 126 of the principal rules or by the National Environmental Engineering Research Instil utes, Nagpur-440001.

Provided that such a testing agency shall follow ISO or ECE Standards and procedures for approval of measuring meters.

(4) If the result of the tests indicate that the motor vehicle complies with the provisions of Sub-rule (2) of Rule 115, the driver or any person incharge of the vehicle shall produce the certificate to the authority specified in Sub-rule 1 within the stipulated time-limit.

(5) If the result indicates that the motor vehicle does not comply with the provisions of the Sub-rule (2) of Rule 115, the driver or any person incharge of the veiiicle shall rectify the defects so as to comply with the provisions of the Sub-rule (2) of Rule 115 within a period of 7 days and submit the vehicle to any authorised testing station for recheck and produce the certificate so obtained from the authorised teeing station to the authority referred to ir Sub-rule (1).

(6) If the certificate referred to in Sub-rule (1) is not produced within the stipulated period of seven days or if the vehicle fails to comply with the provisions of Sub-rule (2) of Rule 115 within a period of seven days, the owner of the vehicle shall be liable for the penalty prescribed under Sub-section (2) of Section 190 of the Act.

(7) If the driver or any person incharge of the vehicle referred to in Sub-rule (1) does not produce the said certificate within the said period of 7 days, such vehicle shall be deemed to have contravened the provisions of the Sub-rule (2) of Rule 115 and the checking officer shall report the matter to the registering authority.

(8) The registering authority shall on receipt of the report referred to in Sub-rule (7), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle, until such time the certificate is produced before the registering authority to the effect that the vehicle complies with the provisions of Sub-rule (2) of Rule 115.

(9) On such suspension of the certificate of registration of the vehicle, any permit granted in respect of the vehicle under Chapter V or under Chapter VI of the Motor Vehicles Act, 1988 (59 of 1988) shall be deemed to have been suspended until a fresh "Pollution under control" certificate is obtained."

11. The necessary instructions issued in this regard by the State Government are not being strictly complied with by the concerned authorities and increase of pollution within the city of Gwalior is certainly causing health hazards to its inhabitants. There can be no doubt that the human life is more important than the vehicle and traffic. The law and the rules are framed in this respect to ensure environmental cleanliness and the authorities are under statutory obligation to maintain the atmosphere pollution free and to take necessary measures in this respect as provided under the Statutes.

12. Considering the relevant aspects of the matter and taking into consideration the pit falls thereever they occur in spite of the instructions given by the State Government, we issue the following directions :

(i) The State Government of Madhya Pradesh shall provide, at least, four smoke meters and gas analyser for measuring carbon monoxide and other pollutants emitted by automobiles for the city of Gwalior.

(ii) Similarly, the State Government shall provide the latest and the less time consuming instruments for checking the emission of monoxide. At Commissionary head quarters three of such instruments be provided and one instrument at every district headquarters.

(iii) The State Government shall also issue necessary instructions to all authorities incharge of registration of Motor Vehicles to comply with the legislative mandate provided in Section 20 of the Air Pollution Act.

(iv) The Director General of Police of Madhya Pradesh shall issue necessary instructions to their subordinate officers to effectively carry out the functions as envisaged in Rule 116 of the Central Motor Vehicles Rules.

(v) The State Government shall identify the roads, which be declared one way for public vehicles in order to reduce the traffic load on such roads.

The above directions be complied with within a period of three months from today.

(vi) Learned Additional Advocate General. Gwalior shall obtain a report from the Chief Secretary, Transport Commissioner, and Director General of Poliee of Madhya Pradesh after the expiry of three months in respect of the compliance of Rule 116 of the Central Motor Vehicles Rules, and shall submit the same to the Registrar of this Court.

13. With the above directions, we dispose of these two writ petitions finally.

14. A copy of this judgment/order be placed on the file of writ petition No. 1831/95 which shall govern that petition as well.