In Re: Suo Motu Proceedings, Delhi ... vs Unknown

1. Pursuant to this Court's order dated 8-11-1996 Ms Kiran Dhingra, Commissioner-cum-Secretary (Transport), Transport Department, Government of NCT of Delhi has filed an affidavit. She has given various suggestions which we appreciate. We are of the view that it is necessary to have Union of India before us in this matter. We issue notice to the Union of India to examine the affidavit filed by Ms Kiran Dhingra and give response to this Court before 28-11-1996.

2. It is stated in para 3.1 of the affidavit that the vehicular emissions contribute about 70% of the air pollution in the city of Delhi. As noticed by this Court in various orders the city of Delhi is the fourth grubbiest city in the world according to ihe World Health Organisation Standards. The medical data indicates that more than seven thousand people died in the city of Delhi because of respiratory diseases. It is utmost necessary to control air pollution in the city of Delhi. We are in the process of monitoring this matter. This Court is of the view that the "precautionary principle" which is a part of the concept of "sustainable development" has to be followed by the State Governments in controlling pollution. The State Government is under a constitutional obligation to control pollution and if necessary by anticipating the causes of pollution and curbing the same. We are of the view that in the process of considering various measures to control the pollution in the city of Delhi, there is likelihood of some restrictions being imposed on the plying of taxis, three-wheelers and other vehicles in the city of Delhi. We, therefore, direct the Commissioner-cum-Secretary (Transport), NCT. Delhi to issue notices to the various operators through their respective unions to be present in this Court, if they so wish to and assist this Court in the process of controlling pollution in the city of Delhi. Notice be issued to the Three-Wheelers' Union, Taxis' Union, Trucks' Union and various other Unions which are operating within the purview of the Transport Department. We issue notice to the Union of India through Secretary (Transport), Secretary, Ministry of Environment and Forests, returnable on 28-11-1996. We request Mr. Ranjit Kumar to assist this Court in this matter.

Court Master