1998 INSC 0881 M. C. Mehta Vs Union of India and Others Writ Petition (C) No. 13029 of 1995 (CJI Dr. A. S. Anand, B. N. Kirpal, V. N. Khare JJ) 01.12.1998 ORDER 1. This writ petition was filed in 1985. More than a decade has gone by. Various aspects for improvement of the environment were highlighted in the Petition including the one relating 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, vehicular pollution was also highlighted and the need for remedial steps canvassed to take care of the chaotic traffic conditions which have given rise to road accidents resulting in death and bodily injury to the citizens. To control vehicular pollution and protect the environment is primarily the function of the executive. It is their obligation to devise suitable measures and provide machinery for rigid enforcement of such measures as are necessary to curb the menace of chaotic traffic conditions and vehicular pollution with a view to ensure the welfare of the general public. The inaction on the part of the executive, however, impelled this Court to issue certain directions from time to time in this writ petition, but precious little appears to have been done despite those directions. Before we consider the question of holding somebody responsible and accountable, we g consider it appropriate to repeat some of the directions which had been issued on 20-11-1997 [See ((1997) 8 SCC 770) and on subsequent dates and direct their strict compliance. We direct : "(a) No heavy and medium transport vehicle, and light goods vehicles being four- wheelers would be permitted to operate on the roads of the NCR and NCT, Delhi, unless they are fitted with suitable speed-control devices to ensure that they do not exceed the speed limit of 40 kmph. This will not apply to transport vehicles operating on inter-State permits and national goods permits. Such exempted vehicles would, however, be confined to such routes and such turnings during day and night as the Police/Transport Authorities may publish. It is made clear that no Vehicle would be permitted on roads other than the aforementioned exempted roads or during the times other than the aforesaid time without a speed-control device. (b) In our view, the scheme of the Act necessarily implies an obligation to use the vehicle in a manner which does not imperil public safety. The authorities concerned should, therefore, ensure that the transport vehicles are not permitted to overtake any other four-wheel motorised vehicle. (c) They will also ensure that wherever it exists, buses shall be confined to the bus lane and equally no other motorised vehicle is permitted to enter upon the bus lane. We direct the Municipal Corporation of Delhi, NDMC, PWD, the Delhi Government and DDA, the Union Government and the Delhi Cantt. Board to take steps to ensure that bus lanes are segregated and road markings are provided on all such roads as may be directed by the Police and Transport Authorities. (d) They will ensure that buses halt only at bus-stops designated for the purpose and within the marked area. In this connection also the Municipal Corporation of Delhi, NDMC, PWD, the Delhi Government, DDA, the Union of India and the Delhi Cantt. Board would take all steps to have appropriate bus-stops constructed, appropriate markings made and 'bus-bays' built at such places as may be indicated by Transport/Police Authorities. (e) Every holder of a permit issued by any of the Road Transport, Authorities in the NCR and NCT, Delhi will within ten days from today, file with its RTA a list of drivers who are engaged by him together with suitable photographs and other particulars to establish the identity of such persons. Every vehicle shall carry a suitable photograph of the authorised driver, duly certified by the RTA. Any vehicle being driven by a person other than the authorised driver shall be treated as being used in contravention of the permit and the consequences would accordingly follow. (f) No bus belonging to or hired by an educational institution shall be driven by a driver who has - less than five years of experience of driving a heavy vehicle; - been challaned more than twice for a minor traffic offence; - been charged for any offence relating to rash and negligent driving. All such drivers would be dressed in a distinctive uniform, and all such buses shall carry a suitable inscription to indicate that they are in the duty of an educational institution." 2. We direct the Municipal Corporation of Delhi (MCD), the New Delhi Municipal Corporation (NDMC), the Public Works Department (PWD), the Delhi Development Authority (DDA), the Delhi Transport Corporation (DTC) and the Delhi Government to take all necessary steps to ensure that (i) bus lanes are segregated and road markings are provided on all such roads as are identified by the Police and the Transport Authorities. This exercise shall be done by the concerned within four weeks from today; and (ii) take steps to have appropriate bus-stops constructed, appropriate markings painted and bus-bays built at such places as may be indicated by the Transport/Police Authorities. This exercise shall commence within two weeks from the date of this order and be completed within six weeks thereafter. 3. Learned Solicitor General shall file a status report detailing the action taken with regard to various directions issued by this Court on 20-11-1997, 16-12-1997, 28-7-1998 and subsequently. The needful shall be done on the affidavit of a responsible officer within eight weeks. 4. We also direct that the Union of India shall ensure that the directions given by this Court on 20- 11-1997, 16-12-1997 and 28-7-1998 ((1997) 8 SCC 770 and at p. 777; (1998) 1 SCC 676 and (1998) 6 SCC 63) are suitably publicised in print as well as in the electronic media so that everybody is made aware of the directions contained in our various orders. Publicity on the electronic media should be, to begin with, carried on every alternate day, for at least six weeks. 5. We wish to emphasise that the directions issued by this Court from time to time, which are in the general public interest, are required to be complied with and it is the obligation of the State to ensure that those directions are complied with. We are considering the appointment of Court Officers with a view to see that the directions issued by us are complied with and in the event the Delhi Administration has any suggestion to make about the appointment of any such Court Officer, they shall be at liberty to file a list of such persons in the Registry within four weeks. 6. We further direct that the orders made by us containing various directions relating to vehicular pollution and traffic conditions shall be carried out by all concerned notwithstanding any other order or direction given by any authority, court or tribunal and that no authority, court or tribunal shall interfere with the functioning of the Police or the Transport Department insofar as the implementation and execution of the directions issued by this Court, from time to time, are concerned.