JUDGMENT

1. Shri Murali Purusho-thaman is an advocate practising in the High Court of Kerala. He filed this original petition for espousing a public cause of great moment. It is an undeniable reality that the air on and around most of the public roads in Kerala is saturated with carbon monoxide emitted from fuel propelled automobiles. Petitioner has focussed attention on the consequences of air pollution created through uncontrolled and unmitigated automobile spitting and hence prays for appropriate directions to be issued to the officials concerned for enforcing the statutory measures to reduce the gravity of the problem.

2. According to the petitioner, the gaseous pollutants emitted by vehicles plying through the streets of Kerala are highly harmful and hazardous to living creatures, particularly human-beings. Petitioner contends that inhalation of such pollutants leads to diseases like cancer and tuberculosis and points out that statutory provision for reducing the density of such hazardous substances emitted by automobiles have not been implemented by the authorities.

3. Automobiles can be ranked as one of the chief sources of air pollusion. Vehicles pump out billows of carbon monoxide, hydrocarbons, and nitrogen oxides into the air by burning gasoline. Problem of air pollution through automobiles plying on the roads in Kerala has been gradually snowballing into a dimension of threat to life, though such problem is not peculiar to this State. I am told that some other State Governments have adopted measures to contain the problem to a great extent in cities like Bombay and Bangalore.

4. In United States, Environmental Protection Agency (EPA) was formed which has set some standards for restricting the amount of pollution produced by new vehicles. The Federal Clean Air Amendments Act of 1970 was passed requiring reduction of the carbon monoxide emission. In 1976 United States achieved reduction in carbon monoxide saturation in the air by a substantial degree. Automakers were compelled to install devices called "Catalytic Converters" on the exhaust system of new cars for converting gases to harmless carbon dioxide and water. Later European automakers also adopted Catalytic Converters and fitted them with automobiles. But unfortunately, the progress achieved in India remained by and large poor.

5. Rules have been incorporated in the Central Motor Vehicles Rules, 1989 (for short 'the Rules') taking cue from Section 20 of Air (Prevention and Control of Pollution) Act, 1981 (for short Air Pollution Act). Rule 115 of the Rules provides for fixation of a standard for emission of somke, vapour etc., from motor vehicles and directs that "every motor vehicle shall be manufactured and maintained in such condition and shall be so driven that smoke, vesible vapour, grit, sparks, ashes, cinders or oily substance do not emit therefrom". Rule 116 of the Rules provides for adoption of tests for smoke as well as carbon monoxide level emitted from motor vehicles. The Rule also empowers officers not below the rank of Sub-Inspector of Police or Inspectors of motor vehicles to take action against drivers of those vehicles which emit smoke and/or other substances in excess of the emission limit.

6. Rule 115(2) of the Rules says that on and from the date of commencement of the rule every motor vehicle shall comply with the standards laid down therein.

7. Under Section 20 of the Air Pollution Act State Government is under an obligation to give such instructions to the authorities in charge of registration of motor vehicles as are necessary to ensure compliance with the standards fixed by State Pollution Control Board regarding emission of air pollutants from automobiles. Rule 116 of the Rules deals with other duties of State Government in that regard. It is appropriate to extract the said rule in this context. It reads thus:

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

(1) Any officer not below the rank of a Sub-Inspector of Police or an Inspector of motor vehicles, who has reason to believe that a motor vehicles is, by virtue of the smoke emitted from it, or other pollutants like carbon monoxide emitted from it, is likely to cause environmental pollution endangering the health or safety of any other user of the road or the public, may direct the driver or any person in charge of the vehicle to submit the vehicle for undergoing a test to measure the standard of black smoke or the standard of any of the other pollutants.

(2) The driver or any person incharge of the vehicle1 shall, upon demand by any officer referred to in Sub-rule (1) submit the vehicle for testing for the purpose of measuring the standard of somke or the levels of other pollutants or both.

(3) The measurement of standard of smoke shall be done with a somke meter of a type approved by the State Government and the measurement of other pollutants like carbon monoxide, shall be done with instruments of a type approved by the State Government."

8. Learned Advocate-General promptly reciprocated to the demand made by" the petitioner through this public interest litigation. He offered at the initial stage itself that a statement would be filed regarding the steps which Government have already taken or proposed to be taken towards solution of the problem highlighted in this original petition. Subsequently, a statement was filed under instructions from Government. It is pointed out in the statement that as per Government Order (G.O.Rt.No.l160/91/PW&T dated 28-10-1991) an Expert Committee has been constituted by the State Government consisting of Transport Commissioner, Chairman of the State Committee on Science, Technology and Environment, Member Secretary of the Kerala State Pollution Control Board, Senior Deputy Transport Commissioner, Secretary of the State Transport Authority and Technical Advisor of the Motor Vehicles Department. The committee made some recommendations for acquisition of equipment such as "gas analysers and smoke meters" for measuring smoke density. Administrative sanction has been provided for the purchase of such equipment at a cost of Rs. 16 lakhs (vide G.O. Rt.No.1320/92/ PW&T dated I2-11-1992),

9. But one snag which the State Government now feel is the proposal for a further amendment to Rules 115 and 116 of the Rules contemplated by the Central Government. I do not think that the State Government can afford to delay the implementation of the present Rule 116 merely on the expectation of some modification contemplated by the Central Government in respect of such rules.

No functionary can abdicate its functions merely on the premises of a proposal being mooted for modification of the statutory requirements. It is not certain that the proposal for amendment would crystallise into legislation. Even if it does, the action taken now can be suitably adjusted in consonance therewith. Expeditiousnes cannot be slackened in this matter on some excuse or other, for, the problem is growing day by day to monstrous levels. Rule 116 came into force on 1 -7-1989 and hence there is no justification for waiting further for effectively implementing the provisions of the Rule even after four long years. Even during this period of four years automobiles proliferated alarmingly and consequently air pollution has grown with galloping pace. The limited role of the State Government in the implementation of Rule 116 is (l) to approve the type of the "smoke meter" for measuring the standard of smoke and (2) approve the instruments for measuring pollutants like carbon monoxide emitted by the vehicles.

10. Human life is far more important than vehicular traffic. The pristine adage that "Rules are for men and not men are for rules" assume contemporary relevance particularly in the area of environmental cleanliness. No authority, not even the State can be permitted to bide time without enforcing whatever provision is available and without exercising whatever power is commandable to protect human life. Petitioner really deserves credit for bringing this all important problem to this Court.

11. For the aforesaid reasons, I issue the following directions:

(1) The State Government of Kerala shall provide, at least, one smoke meter and gas analyser (or any other approved instrument to measure carbon monoxide and other pollutants emitted by automobiles) each at all the major District Centres (Kozhikode, Palakkad, Thrissur, Ernakulam, Kottayam, Alapuzha, Kollam and Thiruvananthapu-ram) within three months from today.

(2) The State Government shall expedite steps to provide such equipment at other places also as early as possible.

(3) The State Government shall issue such instructions as are necessary to all authorities in charge of registration of motor vehicles within three months in order to comply with the legislative mandate contained in Section 20 of the Air Pollution Act.

(4) Second respondent and Director General of Police, Kerala shall issue necessary instructions to their subordinate officers (falling within the purview of Rule 116(1)) within three months from today to effectively carry out their functions envisaged in Rule 116 of the Central Motor Vehicles Rules.

(5) Learned Advocate-General will obtain a report from the Chief Secretary as well as the Transport Commissioner and Director General of Police (Kerala) regarding the implementation of Rule 116 in accordance with the above directions, on the expiry of three months from today and submit the same in this Court.

I express my admiration to Shri. N. Nandakumara Menon, advocate, who argued the case for the petitioner and my gratitude to Shri. M.B. Kurup, learned Advocate-General for promptly reciprocating to this demand of moment and need.

Original Petition is disposed of in the above terms.

Issue photo copy on usual terms.