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Smoke Affected Residents v. Municipal Corporation of Greater Mumbai

Country/Territory
India
Type of court
National - higher court
Date
Dec 18, 2002
Source
UNEP, InforMEA
Court name
Bombay High Court
Seat of court
Mumbai
Judge
Thakker C. K.
Reference number
2003 (3) BomCR 323
Subject
Air & atmosphere
Abstract

This case was concerned with a petition filed by the Smoke Affected Residents’ Forum. They sought directions from the Court for measures to control and reduce vehicle emissions in Mumbai.

In particular, these directions meant to include the availability of unleaded petrol, the reduction of sulphur content in diesel oil, issuing of ‘Pollution Under Control’ certificates and ensuring that vehicles conform to EURO-I and EURO-II norms. The petition was filed on the basis of the negative impacts vehicle emissions have on the residents’ health as well as the environmental harm caused by them.

The Court reacted by issuing a series of orders asking the state to take measures in order to be in line with Articles 21 (right to life), 47 (duty of the state to improve nutrition and public health) and 48A (right to environment) of the Constitution.

Full text
2002-order-Smoke-Affected-Residents-v.-Municipal-Corporation-of-Greater-Mumbai.pdf