2000 INSC 0580
                                        SUPREME COURT OF INDIA

                                                     M.C. Mehta

                                                           Vs.

                                                    Union of India

                                         (B.N. Kirpal and V.N. Khare JJ.)

                                                      24.04.2000

                                                       ORDER

1. On 28th July, 1998, with a view to arrest the growing pollution of air, certain steps were directed
to be taken with immediate effect. Besides a schedule was also given containing various directions
based on the Report of the Committee headed by Shri Bhure Lal. Direction 'F' reads:

No 8-year old buses to ply except on CNG or other clean fuels. (Time frame -after-1.4.2000).

Direction 'G' provides:

Entire city bus fleet (DTC & private) to be steadily converted to single fuel mode on CNG. - (Time
frame - by - 31.3.2001)

2. These applications have been filed by Action Committee of un-aided private schools and other
educational institutions seeking modification of the order dated 28th July, 1998, primarily on the
ground of hardship to the institutions and the students.

3. We have heard learned Counsel for the parties.

4. On behalf of the applicants, it is submitted that buses which are owned by college, school or other
educational institutions, are being used solely for the purpose of transporting students or staff of
educational institution in connection with the activities of the institution and that those buses are not
being used as contract carriage and/or public transport buses. It is submitted that these buses cater to
the requirements of students only within a certain distance of the location of the school and ply only
for a shorter distance and therefore, do not strictly speaking, deserve to be treated as commercial
buses.

5. While we do not agree that the directions given by us on 28th July, 1998 require to be diluted,
relaxed or modified in any way whatsoever, we find force in the submission of learned Counsel for
the schools that the buses owned by the schools may not strictly speaking be treated as "commercial
vehicles" to which direction F (supra) applies. Section 2(11) of the Motor Vehicles Act, 1988
defines Educational Institution buses to mean:

(11) educational institution bus" means an omnibus, which is owned by a college, school or other
educational institution and used solely for the purpose of transporting students or staff of the
educational institution in connection with any of its activities.

This definition does carve out a special category in favour of the buses etc. owned by educational
institutions.

6. We, therefore, clarify that the buses which are owned by college, school or other educational
institution be treated as private buses for the purposes of the directions given by the Court on 28th
July, 1998, and therefore, direction 'G' and not direction 'F' (supra) shall apply to all such buses etc..
All such buses shall, therefore, be required to be steadily converted to single fuel mode on CNG on
or before 31st March, 2001.

7. We further direct that this order shall not be construed to apply to any bus or other vehicle which
may be hired from a private or commercial source for the purpose of being used as an educational
institution bus but which is not owned by the institutions. We further direct that the educational
institution buses shall be got checked for pollution control on or before 15th May, 2000 in order to
avail benefit of this order. In the event it is found that any of the bus does not have pollution control
check certificate, that bus shall not ply under the force of this order made today.

8. Except for the clarification made above, no other relaxation of the directions dated 28th July,
1998 is made in favour of any party, including the educational institutions.

9. We wish to reemphasis that the directions given by us on 28th July, 1998 shall be strictly
complied with by all concerned.

10. These applications are, therefore, disposed of.