IN THE SUPREME COURT OF INDIA
Writ Petition (C) No. 13029 of 1985. Dated 21st October,
1994.
Hon'ble Justice A.M.Ahamadi, Hon'ble Justice K.Ramaswamy and Hon'ble Justice
N.Venkitachala
M. C. Mehta
Vs
Union of India and Others
Order:
1. Pursuant to our order dated 12.8.94 the Additional Director in the Ministry
of Environment and Forest, Government of India, has filed an affidavit
indicating the action taken in response to the earlier order passed by this
Court from time to time. According to this affidavit it is stated that
introduction of petrol with a maximum lead content of 0.15 g/l at all outlets
in four Metropolitan cities of Delhi, Bombay, Calcutta and Madras by December,
1994 has since been implemented. It is stated that the lead content in petrol
sold in all the retail outlets of the aforesaid four metros now has a maximum
lead content of 0.15 g/l since June, 1994. In view of this statement we find
that the first part of the direction is compiled with. It was also stated
earlier in point of time and re-stated in the latest affidavit that by
December, 1994 the entire country would be supplied petrol with a maximum lead
content of 0.15 g/l. Now that it has been possible to supply petrol with a
maximum lead content of 0.15 g/l. in four metros, we think that the time is
ripe to extend the scheme for supply of petrol with that lead content to other
areas in the country. Since in the estimation of the concerned Ministry this
may be possible by December, 1996 we accept the time limit instead of rushing
them and direct that the concerned Ministry will ensure the supply of petrol
with a maximum lead content of 0.15 g/l in the entire country by December,
1996. As far as lead free petrol is concerned the deponent states that it was
decided to introduce the same from April, 1993 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. We, therefore, direct that lead-free petrol should be supplied at few
selected outlets in the aforesaid four metros latest by April, 1995.
2. Mr. Mehta then drew our attention to a note on introduction of lead
free petrol appended to office memorandum dated 8.8.94 of the Ministry of
Environment and Forest. We find there from that certain major decisions were
taken by the said Ministry in consultation with all those who were present at
the meeting of 17th June, 1994. A copy of the note indicating the decision
taken may be supplied by Mr. Mehta to Mr. Reddy since he had not taken
necessary instructions in that behalf. That may be done before 7th November,
1994 on which date this matter will come up. In the meantime, it must be
realized that the manufacturers must also be put to notice that they would
have to equip the new vehicles with catalytic converters so that they can be
plied on lead free petrol.
3. On an earlier occasion when these matters came up before this Court it
was suggested that to begin with of Government vehicles and public undertaking
vehicles including public transport vehicles could be equipped with CNG
cylinders with necessary modification in the vehicles to avoid pollution which
is hazardous to the health of people living in highly polluted cities like
Delhi and the other metros in the country. Mr. Reddy states that he would
require some further time to obtain instructions in that behalf. At the same
time Mr. Reddy is aware that certain vehicles in the city were converted and
equipped with CNG kits and the cost thereof was not abnormal. Since Mr. Reddy
has not received complete instructions in that behalf we do not pass orders in
that connection today but would postpone the matter to 7.11.94 by that date
the instructions on that point and in all the related issues should be
complete so that we may be able to give appropriate directions in that
connection also. Let the matter come up on 7th November, 1994.