Motor Vehicles – Multitoned horns prohibited – Cause excessively harsh and loud noise –
Constant use of such devices producing unduly harsh, shrill, loud noise or alarming noise is beyond to cause disturbance and distraction to the students who are not able to concentracte fully due to irritation caused bu such devices. [Nayan Behari Das Vs State of Orissa and others. 1998 III AD (Orissa HC). P.C.Naik & P.Kmohanty (J&J)]
The civic authorities including DDA, the railways, the police and transport authorities are directed to identify and remove all hoardings which are on road-sides and which are hazardous and a disturbance to safe movement . In addition, steps be taken to put up road/traffic signs which facilities free flow of traffic. [M.C.Mehta vs. Union of India. 1997 IX AD SC 1. J.S.Verma (CJ) , B.N.Kirpal & V.N.Khare (J&J)]
Motor Vehicles – Euro –I and Euro –II standards should be followed in Delhi.
After considering the suggestions made by Bhure Lal Committee, the court directed that all private (non-commercial) vehicles shall conform to EURO I norm by 1st June, 1999. All private (non-commercial) vehicles shall conform to EURO –II norm by 1st April,2000. All private (non-commercial) vehicles which conform to EURO-II norm may be registered in the NCR without any restriction. [M.C.Mehta vs Union of India . 1999 VI AD 309(SC). Dr.A.S.Anand (CJ), B.N.Kirpal & V.N.Khare (J&J)]
Motor Vehicles – Sec. 190(2) – Motor Vehicle Rules (Central) , 1989 – Rule 115 “Pollution under Control Certificate “ – Production of “ Strict Liability”.
For taking cognizance against someone it is not necessary to follow the procedure prescribed under the rule 116. Not carrying a certificate itself is an offence and any person can be booked and punished under Sec. 190(2) of the M.V.Act. [State vs R.P.Sharama . 1997(I) AD (Delhi) 113. Anil Kumar & K.S.Gupta (J&J)]
Motor Vehicles - Vehicular pollution - All commercial vehicles which are more than 15 years old shall not be permitted to ply in the capital territory of Delhi.
With a view to tackle problems arising out of chaotic traffic conditions and vehicular pollution and not being satisfied with the steps taken by the concerned authorities in the addressing themselves to those problems. Directions issued earlier to the effect that all commercial vehicles which are more than 15 years old shall not be permitted to ply in capital territory of Delhi with effect from 2nd October, 1988. Court modified its earlier ban order to mitigate hardship and taking note of the assurance given. Administration also ensuring that steps will be taken by itself to ease out pollution level. . Ban order applies to commercial/transport vehicles . Directions issued . [ M.C.Mehta vs Union of India. AIR 1999 S.C. 291 = 1998(8) SCC 206 = (1998)5 SCALE 391 = 1998(6) JT 590 . Dr.A.S.Anand, B.N.Kirpal and V.N.Khare (JJ) ]
Motor Vehicles - Non-reservation of seats for ladies and children, etc. leading to a lot of inconvenience to the public - Public interest litigation.
PIL instituted by Advocate seeking direction to City Transport Corporation in respect of infractions of rules in certain matters such as non-reservation of seats for ladies and children, etc. leading to a lot of inconvenience to women and children. High Court after considering all aspects issued directions. [ Ms.Subhashini .K.Reddy vs. Banglore Metropolitan Transport Corporation. AIR 1999 Kant 58 . Ashok Bhan and S.R.Venkatesha Murthy.{JJ}]
Motor Vehicles - Vehicular pollution - Segregating lanes and road markings and to construct stops and busbays, etc. Necessity to publish.- Directions for buses.
To control vehicular pollution and protect environment is primarily the function of the executive. No heavy and medium transport vehicles, and light goods vehicles being four wheelers would be permitted to operate on the roads of the Delhi unless they are fitted with suitable speed control devices to ensure that they do not exceed the speed limit of 40 kms. The scheme of the Act envisages implies an obligation to use the vehicle in a manner which does not imperil public safety. Transport vehicles shall not be permitted to overtake any other four-wheel motorised vehicle. Buses shall be confined to to the bus lane and equally no other motorised vehicle is permitted to enter upon the bus lane. Buses shall halt only on bus stops designated for that purpose. Educational buses shall be driven by a person who is more than five years of experience, not challenged for more than twice for a traffic offence and shall not be charged for any offence relating to rash and negligent driving. [ M.C.Mehta vs Union of India . AIR 1999 SC 300 . M.K..Mukhergee and Syed Shah Mohammed Quadri. {JJ}. ]
Motor Vehicular pollution in Delhi - Increasing number of Petrol and Diesel Vehicles - Directions issued to prevent air pollution.
Court appointed a committee to monitor about the air pollution. Make an assessment of the technologies involved, look for low cost alternatives and make specific implementing its suggestions. [ M.C.Mehta vs Union of India. AIR 1991 SC 1132 = (1991)2 SCC 353. R.N.Misra , M.N.Venkitachaliah and A.M.Ahamadi {JJ}]
Motor Vehicles - Use of Multi-toned horns and other devices producing unduly harsh and loud noise - Outside the scope of High Court - Direction to publicity.
The authorities may also consider printing of a warning or affixing of a rubber stamp on all application forms required for fitness certificates and permits and in the registration books, that the use of multi-toned horns and other similar devices creating unduly harsh, shrill, loud or alarming sounds is prohibited under the Central Motor Vehicles Rules, 1988 [Nayan Behari Das vs State of Orissa. AIR 1998 Ori 39. P.C.Naik & P.K.Mohanty {JJ}]
Motor Vehicles - Motor Cycle riders - Wearing of Helmet - Granting of exemption to Sikh community - Not vitiated on ground of excessive legislation.
Expereience gathered on the ground through these years cannot be vitiated as being unreasonable through for having excluded persons unreasonable for having excluded persons belonging to Sikh community, and of excessive legislation and violative of constitutional rights. Wearing of Helmet is made compulsory for purposes of protection from injury and heat and pollution. Rules and Regulations alone cannot be panacea since human error is considered as the major cause for road accidents. Any classification which is founded on an intelligible differentia having a rational relation to the purpose of the Act concerned being permissible, classification excluding persons belonging to Sikh community does not violate Art.14 of the Constitution. [ K.Veeresh Babu vs Union of India. AIR 1994 Kant 56 = ILR (1993)Kant 2939. R.V.Vasanthakumar {J}]
Motor Vehicles - Conversion of Government Cars belonging to various departments to CNG with a view to reducing pollution.All concerned Ministries of the Government of India and offices under those Ministries in Delhi will have their old cars fitted with catalytic converter or with CNG kits latest by the end of August 1996. If cars cannot be fitted with a catalytic converter or a CNG kit on account of weak compression or for any reason they should be scrapped. Needless to say that the Court had shown indulgence in the matter of fitting the cars with CNG kits and the Government was expected to complete this exercise by the end of April, 1996 according to their own schedule in relation to 720 cars but instead they have done so for a meager 97 cars. All these 720 cars should have by this date been equipped with CNG kits. Directions issued . [M.C.Mehta vs Union of India. AIR 2002 SC 1696. A.M. Ahmadi, S.P. Bharucha, B.N. Kirpal, (JJ) ]
Motor Vehicles - Use of Protective head gear helmet - Granting exemption - Not proper - Bad conditions of road - Directions issued - Motor Vehicles Act -Karnataka
Proviso to R.230 of the Karnataka Motor Vehicles Rules, 1988 granting exemption to person driving motor cycle with not more than three metric brake horse power is ultra vires the Act. Bad conditions of roads are contributing the cause of accidents. State Government is directed to order all heads of al municipalities and authorities in charge of local areas to forthwith undertake immediate repairs to all public roads within their jurisdiction.. Court recommended that the State Government issue a direction that the local bodies in-charge of these roads, publish the names of the contractors to whom the jobs have been entrusted and the amount involved in each of these jobs/contractors. [ S.R.Bhat v. State of Karnataka. AIR 1998 Kant 153 = 1998 (2) Kant L.J.92 M.F.Saldana.{J}]
Motor Vehicles – Sec. 128 & 129 – Safety measures for drivers and pillion riders. Helmet – Headgear to be worn by any ISI standards – Kerala Motor Vehicle Rules.
State Government is now bound to follow the specifications laid down by the Bureau of Indian Standards for protective headgears . Legislative changes to made in the Rules. [The Kerala Auto Two Wheelers Association vs. S.S.Sathjith and another. W.A.No. 1980 of 1999. AR.Lakshmanan & S.Sankarasubban(JJ)]
Motor Vehicular Pollution-Phase out of all non- CNG/LPG Vehicles. –Mumbai Three wheelers which are of more than 10 years old, it appears that about 4000 three wheelers have already been converted into CNG and another 3000 have already registered for conversion. All the owners of three wheelers of more than 10 years who are desirous of getting converted into CNG/LPG they shall register with the Transport Authorities for conversion into cleaner fuel of CNG/LPG on or before 30th April, 2002 failing which such three wheelers of more than 10 years shall be scrapped and phased out and they shall not be allowed to ply in the city of Mumbai. All those three wheelers who have already applied to convert or those who will apply for conversion into CNG/LPG on or before 30th April, 2002 shall be allowed to ply up to 30th June, 2002 by which time they ought to get their vehicles converted into CNG/LPG. If they fail to get converted by that date they shall not ply the vehicles on the roads in the city of Mumbai after 30th June, 2002 till the same are converted and the outer limit for said conversion is up to 31st August, 2002. [Smoke Affected Residents Forum vs Municipal Corporation of Greater Mumbai and others. 2002 (2) Bom CR 343. Bombay High Court. C.K. Thakker, CJ. & S.Radhakrishnan (J).]
Sec. 128 and 129 – Safety measures – Headgear –Rules are valid and not unconstitutional – Not against the religious cannot of Jacobite Priests , Muslims.
Legislature has framed the enactment after considering various circumstances. Even though it may be inconvenient to wear helmet , wearing of helmet will give protection to drivers and pillion riders of two wheeled motor vehicles. Once an Act has become in force , there is no fundamental right to disobey the rule which is enacted for the public . [Sathjith vs State of Kerala. 1999(2) KLT 855. J.B.Koshy (J)]
Motor Vehicles - Pollution in Gwalior city - High Court issued directions.
State Government is directed to provide four smoke meters and gas analyzer for measuring carbon monoxide and other pollutants emitted by automobiles . Less time consuming equipments for checking the emission of carbon monoxide. Identify the roads, which be declared as one way for public vehicles in order to reduce the traffic load on such roads. [Santosh Kumar Gupta vs Secretary, Ministry of Environment. AIR 1998 M.P. 43.= 1998(2) JabLJ 61 = 1997(2) MPLJ 602 = 1998(1) Rec Civ R 70 Shacheendra Dwivedi and Tripathi.{JJ}]
Motor Vehicles - Vehicular Pollution- Despite no entry board entering - Direction
Vehicular traffic through silent zones in spite of prohibitory orders causing pollution and nuisances endangering human life- Directions issued for taking prohibitory measures and to put up barriers on such roads.[Madrasa Road Residents Association and another Vs.Lt.Governor and Others AIR 1995 Delhi 195 D.P.Wadwa and Dr.M.K.Sharma J.J]
Motor Vehicles – Supply of lead-free petrol in four Metropolis –Use of Covertors.
All motor vehicles sold in four metros after 1-4-1995 has been equipped with catalytic converters. Removal of such converters from the vehicle , authorities are directed to take a serious view. Outlets for the supply of lead-free petrol should be gradually increased in the four metros of the country [ M.C.Mehta vs Union of India. 1996(2) SCALE 92 (SP). AH.Ahmadi (CJ), Sujatha.V.Manohar and K.Venkataswami (J&J)] [Further directions given reported in 1996(4) SCALE 70(SP)]
Motor Vehicle Pollution Case-Lead Phase Out all Vehicles. Court directed that lead-free petrol should be supplied at few selected outlets in the aforesaid four metros latest by April, 1995. In a few selected retail outlets in the aforesaid four metros to cater to the requirement of new petrol driven vehicle fitted with catalytic converters should be available by April, 1995. [ M.C.Mehta vs Union of India. 1998 (8) SCC 648 A.M. Ahmadi, K. Ramaswamy, N. Venkatachala JJ.)]
Motor Vehicle Pollution Case - Seriousness of Issue – Feasibility of a device which would reduce the pollution content.Court suggested that the Environment Ministry should carry out appropriate experiments with the aid of the device which would reduce the pollution content - steps should be taken to ensure that every vehicle to be manufactured after a particular date may be from 1st April or 1st July, to have that device as an in-built mechanism to reduce pollution. Whether vehicles which have already been operating can also adopt the said device should also be examined and in case that also is found feasible, the Environment Ministry should place the material for consideration of this Court. [ M.C.Mehta vs Union of India. AIR 1991 SC 1132 : 1991 (2) SCC 137 . ]
Motor Vehicle Pollution - Lead phase-out, catalytic converters-Court wanted the assurance of the availability of CNG to the consumers. Adjourned for orders . So far as vehicles run on diesel are concerned, the sulphur content is being reduced and the target is to reduce it to 0.5 per cent by April, 1996. Orders passed. [ M.C.Mehta vs Union of India. 1998 (8) SCC 648. A.M. Ahmadi, S.V. Manohar, K.Venkataswami, (JJ) ]
Motor Vehicles - extensive use of diesel - is rise in environmental pollution at a phenomenal level in the National Capital Territory of Delhi- Directions issued. It is noticed that more and more private vehicles (non-commercial) are turning to diesel as the fuel of choice primarily because of the price differential between diesel and petrol. On account of extensive use of diesel there is rise in environmental pollution at a phenomenal level in the National Capital Territory of Delhi. Petition to direct the respondents "to forthwith suspend registration of diesel vehicles until further orders". Considering the gravity of the situation and taking note of effects of diesel exhaust on the health of the citizens which are of extremely serious nature, the court directed the learned Additional Solicitor General to inform the Court, on an affidavit of a responsible officer, about the number of diesel and petrol-driven private vehicles registered in NCR in 1997 and in 1998. The affidavit should also disclose the number of registered private vehicles (both petrol and diesel separately) from 1-1-1999 to 31-3-1999. [M.C.Mehta vs Union of India. 1999 (6) SCC 9 = 1999 (10) JT 136. Dr. A.S. Anand, CJ. and B.N. Kirpal and V.N. Khare, (JJ) ]
Motor Vehicles – Air Pollution in Delhi – CNG Case – In action on the part of the Delhi Administration to implement the directions.Transport Department of Delhi is directed to issue provisional certificates and authorization valid till 14th April, 2001 , to all those transporters who had filed the requisite affidavits and undertakings in the Supreme Court and have applied in the prescribed to the Transport Department for grant of regular permits on authorization. [ M.C.Mehta vs Union of India. AIR 2001 SC 1848 = (2001)4 JT 592 = (2001) AIRSCW 1629 = (2001)3 Supreme 338. ]
No commercial vehicle will be registered in Delhi which does not conform to the earlier order . The transport department shall take steps to ensure that there is no misuse or abuse of the relaxations. Except for the relaxation, no other commercial vehicles shall ply in Delhi unless converted to single fuel mode of CNG with effect from 1st April, 2001. [M.C. Mehta v. Union of India. 2001 (3) SCC 756 = 2001 AIRSCW 1560. A.S.Anand, B.N.Kirpal & V.N.Khare (jj) ]
Motor Vehicles – Emission of smoke, noise, etc from vehicles Direction issued to phase out non CNG Buses . Fines imposed – Precautionary principle. Researchers find that the fine particle related to pollution lead to lung cancer and cardiopulmonary mortality. Their research indicates that with an increase of every 10 microgramme per cumec of fine particulars, the risk of lung cancer increases by 8 per cent. Directions issued to make available 16.1 lakh kg per day of CNG in the NCT of Delhi for use by transport sector [MC.Mehta vs Union of India. AIR 2001 SC 1862 = 2001 (4) JT 396 = 2001 (4) SCC 729 = 2002 AIRSCW 1633. B.N.Kirpal, V.N.Khare & Ashok Bhan (JJ)] Further directions issued – (2002) 4 SCC 356 = AIR 2002 SC 1696. and 2003 AIRSCW 2792.