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M.C. Mehta v. Union of India and Ors

Country/Territory
India
Type of court
National - higher court
Date
Dec 1, 1998
Source
UNEP, InforMEA
Court name
Supreme Court of India
Seat of court
New Delhi
Judge
Kirpal
Khare
Reference number
(1998) INSC 575
Language
English
Subject
Environment gen.
Keyword
Pollution control
Abstract
This decision related to proper management and control of traffic in the National Capital Region and the National Capital Territory of Delhi with a view to ensure adequate safeguards necessary for public safety. Besides this, the court addressed vehicular pollution and emphasized the need for remedial steps to take care of the chaotic traffic conditions which had given rise to road accidents. It stressed that the control of vehicular pollution and the protection of the environment was primarily the function of the executive. It was their obligation to devise suitable measures and provide machinery for rigid enforcement of such measures as were necessary to curb the menace of chaotic traffic conditions and vehicular pollution with a view to ensuring the welfare of the general public. There was inaction on the part of the executive, however, so the court was impelled to issue certain directions from time to time in this writ petition, but little had been done despite those directions. It repeated some of the directions which had been issued previously and direct their strict compliance. It had directed, inter alia, that no heavy and medium transport vehicles, and light goods vehicles being four wheelers would be permitted to operate on the roads unless they were fitted with suitable speed control devices; the authorities had to ensure that wherever it existed, buses would be confined to the bus lane. It further directed that the orders made by the court containing directions relating to vehicular pollution and traffic conditions would be carried out by all concerned.
Full text
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