Examine circumstantial evidence carefully: court

Facts so established must conform to hypothesis of guilt

New Delhi: Conviction of an accused can be based solely on circumstantial evidence provided all facts so established are consistent with the hypothesis of his guilt, the Supreme Court held on Friday.

A vacation Bench, consisting of Justices Arijit Pasayat and G.S. Singhvi, said great care must be taken in evaluating circumstantial evidence and if the evidence relied on was reasonably capable of two inferences, the one in favour of the accused must be accepted.

“Where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person.”

Quoting an earlier judgment, the Bench said: “In cases where evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established and all the facts so established should be consistent only with the hypothesis of the guilt of the accused.”

Writing the judgment, Justice Pasayat said: “There must be a chain of evidence so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.”

The Bench said the onus should be on the prosecution to prove that the chain was complete and the infirmity of lacuna in prosecution could not be cured by false defence or plea; the circumstances should be of a conclusive nature and tendency and should exclude every possible hypothesis except the one to be proved.

In the instant case, Roop Singh was sentenced to life, purely on circumstantial evidence, in a murder case by a trial court.

The Punjab and Haryana High Court confirmed the verdict.

Allowing the appeal against this judgment, the apex court pointed out that “the evidence does not present a complete chain of circumstances which ruled out the possibility of any other person being the assailant and/or unerringly points to the appellant as being guilty of the charged offences.”

Hence the Bench ordered his acquittal and directed that he be released forthwith.

Hindu Marriages Act “has broken more homes than uniting:” judge

The increasing number of divorce cases is cause for concern

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“Nowadays anticipatory divorce petitions are being filed even at the time of marriage,” says judge

Ego should get dissolved for the sake of the child

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New Delhi: The Supreme Court on Tuesday expressed its anguish and concern at the increasing number of divorce cases.

Justice Arijit Pasayat, heading a vacation Bench, orally observed that the Hindu Marriages Act “has broken more homes than uniting.”

He said: “The growing number of divorce cases in the country is having a disastrous effect on children of families which get broken.” In a lighter vein, he said: “Nowadays even at the time of marriages, anticipatory divorce petitions are being filed.”

Hearing a petition filed by Gaurav Nagpal, seeking custody of his minor son, Justice Pasayat said: “Ego should get dissolved for the sake of the child,” even as the mother, Sumedha Nagpal, who argued in person, opposed giving custody of the boy to her separated husband.

Justice Pasayat told the couple that the court was concerned about the welfare of the child rather than their mutual recrimination. “Ultimately the child suffers. If it is a girl, the trauma is more, particularly at the time of the marriage of such children.”

Provision misused

Justice Pasayat said: “The provisions under the Hindu Marriages Act for granting divorce on grounds of either of the spouses suffering from diseases like leprosy and mental illness are being misused by some couples. Those days, our forefathers never had such problems and marital disputes were sorted out within the four walls of the house.”

Gaurav Nagpal filed his appeal against an order passed by the Delhi High Court confirming a trial court order, which granted custody of the 11-year-old boy to the mother.

Justices Pasayat and G.S. Singhvi suggested to the couple that they sort out their differences for the sake of the child. However, when Mrs. Nagpal turned down the offer, the judges heard the couple in the chambers. The Bench will pass an appropriate order on Wednesday if there is no settlement in the in-camera hearing.

Believe it or not PETROL AND DIESEL SHOULD COST US ONLY Rs. 30.39

India is not entirely dependent on foreign supplies of crude oil

The performance of the oil companies does not suggest that they are on the verge of a collapse

One of the most important arguments of the government in justification of the unprecedented rate of increase in the prices of petroleum products was that the move was urgently needed to save the public sector oil companies. In his televised address to the nation on June 4, Prime Minister Manmohan Singh justified the hike by citing their “under-recoveries,” which he claimed amounted to about Rs. 2,45,000 crores.

Dr. Manmohan Singh was, of course, careful in his choice of words. He termed them “under-recoveries” rather than outright losses. One has heard of profits and losses, but pray, what are “under-recoveries”? The answer to that question would reveal all that is wrong with the petroleum-pricing regime in India, which is not only opaque but also illogical.

Simple arithmetic would suffice to prove that the numbers on the “losses” do not quite add up. Significantly, on the same day the hike was effected, the Prime Minister appointed a “high-powered” committee under the chairmanship of B.K. Chaturvedi, member of the Planning Commission, to examine the financial position of the oil marketing companies (OMCs).

Among the terms of reference of the committee is the task of “revisiting” the notion of “under-recoveries.” It was also asked to “examine the reported deficit and real deficit faced by the OMCs.” In effect, the terms indicate the government’s grudging and belated acceptance of the possibility of the actual deficit of the oil companies being lower than what it had cited in justification of its move to increase prices of petroleum products.

Hypothetical prices

Soon after the announcement of the hike, officials in the Ministry of Petroleum and Natural Gas made an attempt to make the increase appear reasonable and moderate. They pointed out that although the oil companies actually required a hike amounting to Rs. 21.43 a litre in the case of petrol, the government was only increasing the price by Rs. 5 a litre. A price of Rs. 71 a litre would be reasonable, they said, at a time when crude oil prices were about $130 a barrel.

India is heavily dependent on the import of crude oil, but it is not entirely dependent on foreign supplies of crude. About one-fourth of the nation’s requirements comes from fields within the country. Indeed, the Oil and Natural Gas Corporation (ONGC) supplies its crude to Indian refiners at a discounted price of $55 a barrel. Logically, therefore, the weighted price of the Indian crude oil basket should be about $111.25 at a time when the international price is $130 a barrel.

A barrel of crude is equal to 158.987 litres, which means that the weighted price of $111.25 a barrel implies that a litre of crude costs about 69 cents, or Rs. 29.39 a litre (assuming that a dollar is worth Rs. 42). Incidentally, a large part of the confusion in the media about the “losses” of the oil companies is caused by the fact that the quantity is expressed in barrels while ordinary consumers actually feel the pinch in rupees for every litre.

The cost of crude oil refining, which is essentially the process of converting crude to products such as petrol and diesel, varies a lot depending on a host of factors. But it depends critically on the grade of crude used and a refinery’s vintage. One assessment, by Tapan Sen, CPI(M) MP and a member of the Standing Committee of Parliament on petroleum and natural gas, mentioned in a letter he wrote to the Prime Minister recently, is that “the cost of crude comprises 93-94 per cent of the cost of the finished product.” He pointed out that if refined products were to cost Rs. 71 a litre, crude ought to cost $256 a barrel — which would be patently absurd.

A senior official in a public sector oil company told The Hindu that the refining margins would vary but they would range at the most from about 20 paise a litre for Reliance Industries’ refinery at Jamnagar in Gujarat to about Re. 1 for an old refinery run by his company. Thus, even if one uses the latter as the cost of conversion, the price of a litre of diesel and petrol would not be more than Rs. 30.39. Incidentally, both petrol and diesel cost roughly the same at the refinery gate; it is only the rates of duties that results in the differential in prices that consumers pay for the two. Of course, this does not include the cost of marketing, the profit margin for the refiner and several other costs associated with petroleum refining. However, it is enough to prove the point that the “under-recoveries” are totally divorced from real-world costs.

It turns out — and this fact has been in the public domain for a long time now — that the “under-recoveries” result from a hypothetical price which is not only unrealistic but also opaque and arbitrary. Its fundamental anomaly arises from the fact that it negates Indian self-reliance in petroleum refining. In fact, the country is actually a net exporter of petroleum products.

Illogical pricing regime

The determination of a notional price for petroleum products is a result of the dismantling of the Administered Pricing Mechanism (APM) in 2004. It rests on the import parity pricing principle, which has much to do with the mounting “under-recoveries” of the oil companies. The method of pricing rests on a fetish — that of linking domestic prices to international prices, no matter that the country does not actually import petroleum products. Since these products are not actually imported, the method uses the next best option, namely to assume these are imported.

It takes the average fortnightly international price of petroleum products, adds ocean freight rates, customs duties and other charges such as insurance and ocean loss to arrive at the import parity price, which is supposed to reflect the cost that any other petroleum product purchaser anywhere in the world would pay for the fuel. This fantasised price is the base price on which the oil companies compute their “under-recoveries,” irrespective of what the cost of the fuel actually is at their refinery gates.

India has a refining capacity of almost 150 million tonnes, which is substantially more than the demand for petroleum products. The logic of benchmarking domestic fuel prices to international prices makes a mockery of self-reliance. This price unification caused by the linkage threatens to open the national market to international oil cartels and other speculative influences which can have adverse consequences for national energy security. It also undermines the competitive edge that the Indian oil industry has achieved over decades.

Does this mean the problems of the public sector oil companies are entirely fictitious? At present the OMCs do face a problem of accessing crude oil in the international market, especially at competitive rates. However, this appears to be more of a short-term cash-flow problem rather than outright losses. The Reserve Bank of India (RBI) has purchased bonds issued by the government to the oil companies, thereby providing some relief to them.

It is also true that the public sector oil companies sell LPG at lower-than-market rates but are short-changed by the government through the offer of oil bonds, which are in effect a form of deferred payment.

The performance of the oil companies does not suggest that they are on the verge of a collapse. IOCL’s gross refining margins — the difference between the market price for crude oil and the market price for fuel — was $9.1 a barrel in the April-December 2007 quarter, increasing from $ 3.6 in the same quarter of the preceding year.

The other two major refiners, Bharat Petroleum Corporation Limited (BPCL) and Hindustan Petroleum Corporation Limited, made a similar showing during this period. All this does not indicate an industry in distress.

The government, it appears, is more concerned about the profits of the oil companies than setting a fair and transparent price for the scarce resource.

This is an article from "The Hindu"

Just how expert are the terror expert witnesses?

There are concerns about the quality and impartiality of some academic ‘terrorologists.’

When two car bombs were detonated within hours in August 1998 at the U.S. embassies in Kenya and Tanzania, few people had heard of either Osama bin Laden or Al-Qaeda. Nor was anyone that much better informed by 9/11. And that’s just the academics. Terrorism had never really featured as a separate discipline in U.S. universities — principally because it was regarded as a distinctly un-American phenomenon — and even in Europe its popularity, such as it was, was in decline. Indeed, there were some academics who had been openly wondering whether the signing of the Northern Ireland Good Friday agreement signalled the end of the age of terrorism.

The attacks on the World Trade Centre and the Pentagon changed everything, as everyone from the White House down wanted to know all about Al-Qaeda. And, with governments working on the default, problem-solving principle of “when in doubt, throw money at it”, terrorism wasn’t just back on the higher education agenda, it was lucrative with it. Universities on both sides of the Atlantic either revived near-forgotten courses in political violence or set up new ones, and hundreds of lecturers stepped up to lay claim to specialist knowledge.

Since 9/11, research into terrorism has grown prolifically. According to the social science citation index, there were barely more than 100 articles relating to terrorism published in 2001; that figure had almost trebled by the following year and has carried on rising ever since, with more than 2,300 citations recorded last year.

So far, so pretty much what one might expect. After all, universities aren’t immune to outside imperatives. Yet there is a new, more disturbing trend emerging within this field of the terrorist specialist as expert witness in terror trials.

Issue of independence

As with many trends, this one started in the U.S. with academics — such as Dr. Reuven Paz, director of the Project for the Research of Islamist Movements and the Interdisciplinary Centre in Herzliya, Israel; Dr Matthew Levitt, member of the International Centre for Political Violence and Terrorism Research; and Rita Katz, co-founder of the Search for International Terrorist Entities Institute — giving expert testimony. And where the U.S. leads, the U.K. invariably follows. Last year, Evan Kohlman, a veteran of several U.S. terror prosecutions, gave expert evidence that helped to convict Mohammed Atif Siddique, a British-born Muslim, for internet-related terrorism offences.

But just how expert is expert? Doubts have been cast both in the U.S. and the U.K. about Kohlman’s credentials. “He appears to have risen almost without trace,” says David Miller, professor of sociology at Strathclyde University, who is compiling a Spinwatch database of “terrorologists”. “With no expertise beyond an undergraduate law degree and an internship at a dubious think-tank, he has become a consultant to the U.S. department of defence, the department of justice, the FBI, the UK’s Crown Prosecution Service, and Scotland Yard’s SO-15 Counter Terrorism Command.” Yet this is only half the problem. “The real issue is one of independence: many of the expert witnesses to have appeared for the prosecution have been associated with rightwing or pro-Zionist organisations. Under these circumstances, how can the expertise not be in some way contaminated?”

Calling expert witnesses in legal cases is predicated on the assumption that the evidence given will be objective and factually correct — governed by the principle of professional, scientific neutrality. And many terrorism academics have declined to appear as expert witnesses precisely because they feel their subject does not lend itself to such high levels of impartial scrutiny.

“By its very nature, terrorism is shrouded in secrecy,” says Anthony Glees, professor of intelligence and security services at Brunel University. “The only way academics can get inside information is if they have extremely close links either to the intelligence services or to terror groups; and even then there have to be doubts about its accuracy as intelligence reports are often sketchy and contradictory. Any work an academic does must inevitably be then regarded as research-led opinion, which I’m not at all sure meets the standards of evidence and cross-examination required in a court of law. If doctors — just think of those wrongly convicted of child abuse — can’t always be relied on as expert witnesses, it’s hard to see how academics specialising in terrorism can.”

Prof. Alex Schmid, chair in international relations at St. Andrews University and director of its world-famous Centre for the Study of Terrorism and Political Violence, is more open to the possibility. “I object to the phrase ‘terrorism academic’,” he says. “It is one of those slant words introduced by some critical theorists who want to discredit ‘orthodox scholars’ whom they want to condemn to the dustbin of history for their ossified views of terrorism. It is a caricature.

“Just as there are embedded journalists, there are embedded academics, but they are a tiny minority. Some academics have served in government or international organisations and have a network of contacts that enables them to check open-source information with knowledge available only to the intelligence community. Does that make them dependent? Clearly there are experts, such as those recently identified by the New York Times when describing the Pentagon’s old boys’ network, who are ‘dependent’. Yet most of them were not academics but former military. If there is no independence in academia, where else do you look for it?”

In many ways, however, Schmid is an embodiment of the very things that give Miller and Glees cause for concern. For though he is an internationally recognised scholar, he has also served as officer-in-charge of the U.N. terrorism prevention branch in Vienna, and he is a member of the European commission’s expert group on violent radicalisation.

Miller and Glees are an unlikely pairing. Miller is openly leftwing — one of those trendy critical theorists that Schmid takes a pop at — and there’s not a cat in hell’s chance of anyone ever asking him to stand as an expert witness. At least for the prosecution. But Glees is of the same old-school orthodoxy as Schmid, so for him and Miller to find themselves on the same side of the argument rather suggests they have a point. “I’m often amazed at some of the people who turn up in the media calling themselves ‘terrorist experts’,” Glees says. “There’s one person who is often heard [on TV] claiming expertise based on his sources within MI5. Yet I happen to know, from my own sources within the organisation, that no one at MI5 is talking to him. So where he’s actually getting his information from is anyone’s guess.”

Murky waters

One point here is that if news channels can’t tell whether an expert witness is telling the truth, then what chance is there for a jury? The other point is that even the most impartial of experts can get it wrong. “Shortly after the Madrid bombings in 2004, Crispin Black [the independent intelligence consultant who was once seconded to the U.K.’s Cabinet Office] declared that it was far from inevitable that London would be hit by Al-Qaeda,” Glees continues. “Many others, including me, saw it somewhat differently, and he went rather quiet in July 2005.”

This doesn’t make Black inept; it merely makes him fallible. Combine this fallibility, to which any academic working in this subject area is prone, with the often politicised and controversial methods of research funding, and the connections that some academics have with private security groups who are active in Iraq, and you might think that Miller and Glees had made their point.

Not necessarily, Schmid maintains. “While it is important to think about the relationship between academics and the counter-terrorism agencies, it is also important to think about the relationship between journalistic news values and terrorism. As long as ‘good news is bad news’ and ‘if it bleeds, it leads’ are top journalistic news values, those who produce violence for effect will always be able to receive ample coverage from the media. Terrorism is 1 per cent bang and 99 per cent publicity, as someone once put it. Terrorists depend on publicity, and on journalists and editors who provide that for them. That is a bigger problem than some academic experts testifying in court. I have never done so, but would not exclude it if I regard it as my duty as citizen.” — © Guardian Newspapers Limited, 2008

Spammers pay out a fortune

MySpace has won a record $230 million legal judgment over junk messages sent to its members by a team of notorious American internet spammers.

“Spam king” Sanford Wallace and business partner Walter Rines have been ordered to pay unprecedented damages to the social networking website — amounting to the strongest punishment ever handed out to a spammer in the U.S. A Los Ang eles court heard how the duo sent more than 700,000 messages to MySpace users, fooling them into visiting gambling sites or adult-rated pages. Disguised as comments from friends, the notes contained advertisements that made the pair a small fee every time somebody clicked on them. Though evidence suggested that the pair made about $500,000 from their activities, district judge Audrey Collins used the terms of America’s CAN-SPAM Act, which can levy up to $300 for each infringement of the law, in setting damages.Wallace has long been one of the world’s most high-profile junk marketers, earning the nickname “Spamford” for his recurring trouble with the law. In the 1990s he progressed from circulating fax messages to sending internet spam and rose to prominence as the head of Philadelphia-based spam giant Cyber Promotions.

The two men, who failed to turn up at court for the judgment, were also banned from similar activities in the future.

Hemanshu Nigam, chief security officer for MySpace, said: “MySpace has zero tolerance for those who attempt to act illegally on our site. We remain committed to punishing those who violate the law and try to harm our members.” — © Guardian Newspapers Limited, 2008

Vehicular Pollution case and Environmental Administration

“…there are important differences between the quest for truth in the court-room and the quest for truth in the laboratory. Scientific conclusions are subject to perpetual revision. Law, on the other hand, must resolve disputes finally and quickly.”

U.S. Supreme Court [1]

The topic ”Vehicular Pollution case and Environmental Administration” is an interesting topic, considering the fact that half(50%) of worlds population is projected to live in the urban areas by the end of the year 2007. Vehicular pollution and its impact is thus very widespread as it effects 50% of the world population.

The issue of “Global Warming” was the major issue that saw the start of Year 2007 loud cries regarding heatingup of planet earth were heard from far corner of the earth the earth. Vehicular pollution is one of the huge contributors to this global pollution and hence is responsible for the “Global Warming”.

Research Methodology,

The changes in the field of Environmental law are very fast as compared to the other fields of law. Even faster are the changes in the researches employed in analyzing the environment. India’s rapid growing Economy combined with the increase in the number of vehicles as a resultant of it, has made visualization of future a very difficult task. Further the data in the standard environmental text books seem to be outdated even when they are relatively new. This fast changing data and statistics has made me to refer more and more to the print media for reference.

I have referred standard websites of Ministry of Road Transport and various other Governmental Websites for the data and other informations. Graphs and tables presented in this paper by me are directly taken from these websites. I have duly reproduced the URL link of websites referred by me. I have referred standard texts on the Environmental law and also reports submitted by various commissions to present the following paper.

Scope

Urban air pollution is a serious problem worldwide. It is especially serious in the many mega-cities of Asia. The gravity of the urban air pollution problem is largely attributed to the complex and multi-sectoral nature of everyday air polluting activities as well as the inadequate actions of governments. The lack of actions by governments is further due to poor information and weak understanding of the air pollution problems and, in addition, lack of institutional capacity and coordination among government agencies in the various sectors contributing to air pollution. Driven by the Millennium Development Goals (MDG), the international community is fighting global development problems including air pollution and other environmental problems.

Why care about air pollution?

The health impacts of air pollution are very serious and, currently, second only to the impacts of water and sanitation in urban areas. Air pollution imposes a heavy burden on the health of urban populations throughout the developing world. Every year, there are an estimated 0.5-1 million premature deaths by air pollution worldwide. Supreme Court of India has also showed its concern regarding the seriousness of the issue of air pollution in the case of M.C.Mehta vs Union of India as early as 1990 itself. The effect of air pollution caused by vehicular emissions on health can be summed up as follows:-

Air pollution(vehicular Emission) control

Air Pollution control has been an important agenda of the government of India since early 1990s. Air pollution disproportionately and negatively affects the poor, the International Development Community is targeting air pollution as one of its efforts to achieve the Millennium Development Goals (in this case, Goal #7: Ensure Environmental Sustainability). The World Development Report 2003: Sustainable Development in a Dynamic World (World Bank 2003) identifies the impact of air pollution on the quality of life and links it to poverty reduction.

Indian Government has passed various laws and enactments to deal I\with the growing menace of air pollution, which c\shall be discussed in the following paper.

Urban air quality management

Urban air quality management is one of the most challenging aspects of the modern urban administrative agencies. Indian Supreme Court has been very serious about the Urban air quality management. In the series of cases it has shown concern regarding the Urban Air quality management. Delhi Air pollution management, Taj trapeqium matter[1] has been one of the important initiatives in implementation of proper environmental administrative policies.

International community has also recognized air pollution as one of the environmental problems that need to be resolved, solutions to air pollution, do not come easily, and results are not visible within the length of a political cycle. Countries in Asia like India and China face extremely high pollution exposure levels that call for immediate action. International community has also shown concern by signing the protocols for the sake of prevention of air pollution. Which shall be discussed in length in the following paper.

2. INTRODUCTION

The World Health Organization (WHO) defines air pollution as "substances put into the air by the activity of mankind into concentrations sufficient to cause harmful effects to health, property, crop yield or to interfere with the enjoyment of property".

Air (Prevention and Control of Pollution) Act 1981 is the first legislation that deals with air pollution in a comprehensive manner. Sec 2(a) and Sec 2(b) of the Air Act defines “Air pollutants” and “Air pollution” as:-

“…Sec.2. Definitions. In this Act, unless the context otherwise requires,-

(a) "air pollutant" means any solid, liquid or gaseous substance ²[(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment;

(b) "air pollution" means the presence in the atmosphere of any air “

Some of the most important air pollutants are suspended particulate matter (SPM), nitrogen oxides (NOX), carbon monoxide (CO), lead, sulphur dioxide (SO2) etc most of these are emitted by the vehicles in the urban areas. The urban air pollution has grown across India in the last decade in an alarming manner. The main factors accounting to urban air quality deterioration are growing industrialization and increasing vehicular pollution, industrial emissions, automobile exhaust and the burning of fossil fuels.

2.1. Vehicular pollution

Transport activities have a very adverse effects on the environment such as air pollution, noise pollution etc. Transport infrastructure in India is expanding considerably in terms of network and services. Road transport accounts for a major share of air pollution load in major metropolitan cities of India. In most urban areas, air pollution has worsened due to traffic congestion, poor housing, poor sanitation, drainage and garbage accumulation. The environmental effects of fuels like oil and petroleum products are of growing concern owing to increasing consumption levels. The combustion of these fuels in vehicles has been a major source of pollution. With the increasing vehicles in country, the vehicular pollution has also increased and it accounts for a considerable share of vehicular pollution in India. The different factors are the age of the vehicles, poor road conditions; the types of engines used and congested traffic. They add to air pollution in cities, which is a major cause of respiratory diseases.

The inevitable urbanization and its growth in India will result in the pressure on urban transport, which is likely to increase substantially in the coming years.

It has been attempted in this project by me to critically evaluate the future vehicular air pollutions case scenarios and also the present Environmental Administration and its reform for the sake of future reforms.

Following are some of the points of due consideration:

• India is expected to have 51 metro cities by 2021 as against 31 in 2001.

• the number of vehicles on Indian roads increased by nine times

from 1991-2000 out of which 65 % to 70 % are two wheelers or three wheelers.

• Urban transport demand is expected to grow by 2.6 times by 2016 at the existing model split in larger medium sized cities.

• At the existing model split, the urban air quality is expected to deteriorate

faster in the 21st century, as two-wheeler population would be as high as

86.13 % of the total vehicles used for passenger transportation.

Under these circumstances the analysis of the Environmental Laws relating to the Vehicular pollution becomes necessary for the sake of healthy and safe future of rising mega cities of India.

3. CONCERN SHOWN IN OTHER COUNTRIES OF THE WORLD

3.1 Concerns shown in United Kingdom:-

United Kingdom is one of the first countries to show concern regarding the vehicular pollutions. Popular tortuous remedy of Nuisance was the chief legal weapon used to fight the Vehicular pollution at the initial stages. Nuisance is the common law remedy, which was in large measure the matrix of environmental law. It furnishes a cause of action to redress acts degrading air, water and land-dust, odors, noise, dumping of chemicals. The nuisance as a common law action is constantly being adapted as technology brings forth new forms of injury.

The Royal Commission in United Kingdom, which submitted its report in 1994, showed its concern for the pollution caused by the vehicles on the road. The eighteenth report of the Royal Commission on Environmental pollution in so far as vehicular traffic is concerned, is to the following effect:-

“we are concerned that the present use of road vehicles may be causing serious damage to human health by triggering or exacerbating respiratory symptoms and by exposing people to carcinogens from vehicle emissions. The situation should therefore be regarded as unsustainable. Despite the many uncertainties about the effects of transport pollutants on human health and the environment, there is a clear case on the basis of what is already known , for increasing the precautionary action taken into improve air quality. It is especially important to reduce the concentration of particulates and nitrogen oxides.”

3.2 Concerns shown in United States of America:-

Clean Air Act was passed in US in 1970. Under the Clean Air Act, EPAwas set up which sets limits on certain air pollutants, including setting limits on how much can be in the air anywhere in the United States. This helps to ensure basic health and environmental protection from air pollution for all Americans. The Clean Air Act also gives EPA the authority to limit emissions of air pollutants coming from sources like chemical plants, utilities, and steel mills. Individual states or tribes may have stronger air pollution laws, but they may not have weaker pollution limits than those set by EPA.

EPA monitors various environmental parameters. EPA's Transportation and Air Quality program protects public health and the environment by regulating air pollution from motor vehicles, engines, and the fuels used to operate them, and by encouraging travel choices that minimize emissions. These "mobile sources" include cars and light trucks, large trucks and buses, nonroad recreational vehicles (such as dirt bikes and snowmobiles), farm and construction equipment, lawn and garden equipment, marine engines, aircraft, and locomotives. This program is managed by the Office of Transportation and Air Quality (OTAQ), part of EPA's Office of Air and Radiation (OAR).

EPA must approve state, tribal, and local agency plans for reducing air pollution. If a plan does not meet the necessary requirements, EPA can issue sanctions against the state and, if necessary, take over enforcing the Clean Air Act in that area.EPA assists state, tribal, and local agencies by providing research, expert studies, engineering designs, and funding to support clean air progress. Since 1970, Congress and the EPA have provided several billion dollars to the states, local agencies, and tribal nations to accomplish this.

3.3 Concerns shown by European union

Parallel to the development of the EU NEC Directive, the EU Member States together with Central and Eastern European countries, the United States and Canada have negotiated the "multi-pollutant" protocol under the Convention on Long-Range Transboundary Air Pollution (the so-called Gothenburg protocol, agreed in November 1999). The emission ceilings in the protocol are equal or less ambitious than those decided by the Council and Parliament. An important element of the review of the Gothenburg protocol (due for 2007) is the better understanding of the role of transport of air pollution on the hemispheric scale. The task force on hemispheric air pollution is co-chaired by a representative of DG ENV, thus respecting the obligation of the NECD to pursue multilateral cooperations with third countries and international organizations.

Based on the provisions of the Directive, Member States are obliged to report each year their national emission inventories and projections for 2010 to the European Commission and the European Environment Agency. They shall also draw up national programs twice in order to demonstrate how they are going to meet the national emission ceilings by 2010. The first year for drawing up national programmes was 2002. Member States are obliged to send their second national programme to the Commission by the end of 2006.The Directive provides for review in 2004 and 2008 with a view to making up the shortfall.

3.4 Concerns shown in Canada:-

The Government of Canada tabled on October 19, 2006 the Canada's Clean Air Act to help protect human health and the environment by taking an integrated approach to reducing emissions of both air pollutants and greenhouse gases.

By taking a comprehensive and integrated approach for both air pollutants and greenhouse gases, the government is maximizing the benefits to the health of all Canadians and the environment. Canada's Clean Air Act is part of a real, results-oriented action plan to clean up the environment and protect the health of Canadians.

Canada’s Clean Air Act will allow the government to:

· Move industry from voluntary compliance to strict enforcement;

· Replace the current ad hoc, patchwork system with clear, consistent, and comprehensive national standards which includes emission standards; and

· Institute a holistic approach that doesn’t treat the related issues of pollutants and greenhouse gas emissions in isolation.

4. POLLUTION CAUSED BY VEHICLES AND INCREASING TRAFFIC DENSITY

Vehicular pollution is one of the major pollutants in the major cities. Following Graph shows contribution of the vehicular pollution in relation to other air pollutions in the urban centers.

According to Department of Road Transport the registered motor vehicles in India during 1950-51 to 2003-2004. The total number of registered vehicles in India has increased from 3 million in 1950-51 to more than 72.7 million in 2003-2004. The number of registered two wheelers rose from just 0.27 million in 1950-51 to more than 519.22 million in 2004. The number of cars, jeeps and taxis also registered an increase from 1.59 million in 1950-51 to 94.51 million in 2004. The number of registered trucks and buses also registered an increase from 0.82 million in 1950-51 to 37.45 million in 2004 and 0.34 million in 1950-51 to more than 4.49 million in 1991 respectively. The major share is contributed by metropolitan cities in all registered vehicles in the country. An increase in vehicular pollution is associated with a number of environmental problems like air pollution and global warming. Technical pollution parameters suggest that two wheelers are more polluting as compared to other motor vehicles. Carbon Monoxide, Oxides of Nitrogen, Hydrocarbons, suspended and particulate matters, a varying amount of Sulphur Dioxide depending on the Sulphur content of the fuel and lead compounds are the major vehicular pollutants.

See for the table showing Total Number of Registered Motor Vehicles in India - 1951-2004

The reasons for the vehicular pollution problems in India can be summed up as follows

· High vehicle density in Indian urban centers

• Older vehicles predominant in vehicle vintage

• Inadequate inspection & maintenance facilities

• Predominance of two stroke two wheelers

• Adulteration of fuel & fuel products

• improper traffic management system & road conditions

• High levels of pollution at traffic intersections

• Absence of effective mass rapid transport system &

intra-city railway networks

• High population exodus to the urban centers.

5. INDIAN LEGISLATIONS ON VEHICULAR POLLUTION

5.1 Air (Prevention and Control of pollution) Act, 1981

Air Act as it is popularly known is the first legislation that deals with air pollution in a comprehensive manner. There are other Acts as well that support this act in relation to dealing with the vehicular pollution.

The Act is designed to prevent and control air pollution. It is applicable all over India. The Act defines Air Pollution as presence in the atmosphere of ‘air pollutant’ [section 2(b)]. ‘Air Pollutant’ means any solid, liquid or gaseous substance, including noise, present in atmosphere in such concentration as may tend to be injurious to human beings, living creatures or plants or property or environment [section 2(a)]. Emission has been defined as any solid or liquid or gaseous substance, coming out of chimney, duct or fuel or any other outlet [section 2(j)]. Chimney is any structure with an opening or outlet form or through which any air pollutant may be emitted [section 2(h)].

5.2 Environment (Protection) Act, 1986

Air Pollution Act and Water Pollution Act deal with specific aspects of Environment. It was felt that, to coordinate activities of various regulatory agencies. Need was felt to create authority with adequate powers for environment protection, regulation of discharge, handling of hazardous substances, speedy response to accidents threatening environment and deterrent punishment to those who endanger human environment, safety and health.

The Act has been passed in pursuance of decisions taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972. The Act is applicable all over India.

The Act defines some words, which are important. Environment includes water, air and land and the inter-relationship which exists among and between water, air and land, and property [section 2(a)]. Environmental Pollution means the presence in the environment of any environmental pollutant [section 2(c)]. Environmental Pollutant means any solid, liquid or gaseous substance present in such concentration as may be or tend to be injurious to environment [section 2(b)]. Hazardous substance means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment [section 2(e)]. Handling has been defined as manufacture, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance.

Powers under the Environment Act - Central Government has been given powers to take all necessary measures for purpose of protecting and improving the quality of environment and preventing, controlling and abating environmental pollution [section 3(1) of Act]. In particular, Central Government has been given powers to take various measures under section 3.

Power to issue directions - Central Government can issue directions, in writing, to any person, officer or authority for purposes of Act. Such direction can cover direction for closure, prohibition or regulation of industry or process or stoppage or regulation of supply of electricity, water or any other service [section 5]. However, any direction cannot be given without giving him opportunity of being heard and to file objections etc.

5.3 Motor Vehicle Act, 1988:-

The control and regulation of traffic is of importance. It is a matter of paramount public safety and therefore, it is evidently within the ambit of Article 21 of the Constitution of India.

Motor vehicle operations are regulated through a Central Act known as the Motor Vehicle Act, 1988. In exercise of the powers vested with the Union Government under the Motor Vehicle Act, 1988, the Union Government came out with a comprehensive statute known as Central Motor Vehicle Rules, 1989.

The provisions of the Motor Vehicles Act, 1988, in addition to the provisions in the existing laws, for example, the police Act and the Code of Criminal Procedure confer ample of powers on the authorities to take the necessary steps to control and regulate road traffic and to suspend or cancel the registration or permit of a motor vehicle if it poses a threat or hazard to public safety. The existing provisions of the Motor Vehicles Act alone are not sufficient to clothe the members of the police force and the transport authorities with ample powers to control and regulate the traffic in an appropriate manner so that a vehicle being used in a public place does not pose any danger to the public in any form. The requirement of maintaining the motor vehicle in the manner prescribed and its use if roadworthy in a manner which does not endanger the public has to be ensured by the authorities and this is the aim of the provisions enacted in the Act. This conclusion can be drawn even without reference to the general powers available to the police officers under the Police Act and the Code of Criminal Procedure. Any requirement which specified under the Motor Vehicle Act, 1988 or by the rules has to be fully complied with. The provisions of the Act indicate that any person who poses any threat or is likely to cause nuisance or danger to the public can be disqualified and his license can be revoked. Heavy and medium vehicles as well as light goods vehicles are in a class by themselves insofar as their potential to imperil public safety is concerned. Section 177 of the Motor Vehicles Act, 1988 contains general provisions for punishment for offences. The punishment is a maximum fine of Rs. 100/- for the first offence and for the subsequent offence is only Rs. 300/-. The recommendation made by the transport authorities for raising the maximum punishment was clearly accepted by supreme court of India[1]. Annexure-1 thoroughly describes the Motor Vehicles Act, 1988.

The Motor Vehicles Act, 1988 has so far been amended three times in the years 1994, 2000 and 2001.

Amendment in the year 1994:- This included:

· Rationalization of the definition of the various categories of motor vehicles;

· Mandating of a minimum one year experience of driving a light motor vehicle before a person can be granted a licence for transport vehicle tightening of norms for drivers transporting dangerous or hazardous goods;

· Encouraging use of battery, CNG and solar energy as an auto fuel by exempting vehicles using such fuel from the requirement of permit or fixation of fare by the State Government;

· Empowering Central Government to make rule for standardizing components in Motor Vehicles;

· Increasing the amount of compensation in the event of death from Rs. 25,000/- to Rs. 50,000/- in respect of no fault liability etc.

Amendment in the year 2000. This Included:

· Authorized use of LPG as an auto fuel.

· Buses used by educational institutions brought under the purview of permit regime.

· Alterations made in transport vehicle without prior approval of the Registering Authority were barred.

Amendment in the year 2001 was necessitated by:

• Need to bring the buses plying on CNG within the purview of State Transport Authority in respect of fixation of fares and route permits.

The Central Motor Vehicles Rules, 1989 have been amended from time to time to meet the emerging requirements:

Amendment in the year 2004. Notified amendments include:

• Safety norms for various components of agricultural tractors such as power steering, lamps, light, parking light, etc.;
• Extension of Bharat Stage-II emission norms for four wheeled vehicles in Solapur & Lucknow from 1-6-2004;
• Specifications of smart card and related peripherals to be used for smart card based Driving Licence(DL) and Registration Certificate (RC); and
• Introduction of Bharat Stage-III emission norms in 11 mega cities from 1-4-2005.

Amendment in the year 2005. Notified amendments include:

· Updation of the list of dangerous and hazardous goods in the Central Motor Vehicles Rules.

· The terms "Battery Operated Vehicle" and "Power Tiller" have been defined.

· The emission norms, overall dimension and other related norms for "Power Tiller" have been prescribed.

· Time limits for various functions discharged by Licencing & Registering authorities & Appellate authorities under the Motor Vehicles Acts/Rules have been specified.

· It has been made mandatory for the manufacturer to supply a protective headgear conforming to BIS Standards at the time of sale of the two wheelers, subject to the exceptions under Section 129 of Motor Vehicles Act, 1988.

· Type approval Rules for CNG/LPG vehicles have been rationalized.

· States have been empowered to prescribe special provisions such as fog lamp, power steering, defogging and demisting systems in transport vehicles plying in hill areas.

5.4 The Carriers Act, 1865 :-

It was enacted on 14-2-1865 regulating the liability of Carriers. The Act enabled common carriers to limit the liability for the loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents. Since 1865 many changes have taken place and the Road Transport scenario has totally changed.

A review of the Act has been done. A Bill to repeal the Carriers Act, 1865 and to enact the Carriage by Road Act, 2005 has been introduced in the Rajya Sabha on 7-12-2005.This legislation would help to make the transport system transparent and modernise the systems and procedures of the transportation trade through registration of common carrier and equitable apportionment of liability between the common carrier and the consignor. The Bill was referred to Department Related Parliamentary Standing Committee on Transport, Tourism and Culture. The Committee has submitted its report to Rajya Sabha on 21-3-2006.The recommendations of the Committee are under examination in the Department of Road transports.

5.6 INFLUENCE OF INTERNATIONAL CONVENTIONS AND AGREEMENTS ON INDIAN ENVIRONMENTAL LEGISLATIONS

The Air Act (P&CP) Act, 1981 in its Preamble, expressly refers to the“decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated”, and the decision was that countries should ‘take appropriate steps for the preservation of the national resources of the earth which, among other things include the preservation of the quality of air and control of air pollution’. The preamble further states that ‘it is considered necessary to implement the decisions aforesaid insofar as they relate to the preservation of the quality of air and control of air pollution’. Thus, Parliament resorted to Art. 253 rather than to Art. 252 while passing the Air (P&CP) Act, 1981. That Act can be amended by another law by Parliament under Art. 253. The Environment (Protection) Act, 1986 was also passed by Parliament under Art. 253 and the preamble refer to the decisions taken at UN Conference on the Human Environment held at Stockholm in June 1972 on the protection and improvement of human environment. The preamble states that “it is considered necessary further to implement the decisions aforesaid insofar as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property”. The above Act can, therefore, also be amended by Parliament under another law if passed under Art. 253.

The National Environment Tribunal Act, 1995 in its preamble squarely relies on the ‘United Nations Conference on Environment and Development’ held at Rio de Janeiro in June 1992, in which India participated, calling upon States to develop national laws regarding liability and compensation for the victims of pollution and other environmental 110 damages. It also states that it was considered expedient “to implement the decisions of the aforesaid Conference so far as they relate to the protection of environment and payment of compensation for damage to persons, property and environment while handling hazardous substances”. This Act can, therefore, be amended or repealed by another law if made by Parliament under Art. 253.

The National Environment Appellate Authority Act, 1997 is an Act to provide for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any “industries, operation or process”, “or class of industries, operations or processes” shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 and for matters connected therewith or incidental thereto”. In view of its linkage with the above Act of 1986, there is thus no difficulty in amending or repealing this Act by an Act to be made by Parliament under Art. 253. Thus, so far as constituting an Environment Courts with appellate powers, there is no difficulty with regard to amending the Air (P&CP) Act, 1981 (passed expressly for the purpose of implementing the decision taken at the Stockholm Conference, 1972) or in regard to the Environment (Protection) Act, 1986 (passed for the same purposes of the 1972 Conference). These two Acts are also referable to Art. 253 and the new law conferring such appellate powers on the proposed Environment Court can be made by Parliament under Art. 253, by amending or repealing provision in the three enactments, namely, the Air (P&CP) Act, 1981, the Environment (Protection) Act, 1981 and the National Environment 111 Appellate Authority Act, 1997, under Art. 253 once again. Similarly, the National Environment (Tribunal) Act, 1995 can also be repealed or amended under Art. 2

Further India has signed following important conventions:-

1. Protocol on the Reduction of Sulphur Emissions:-

India has signed this protocol which is popularly known as 1985 Helsinki Protocol.

The Protocol to the Convention on Long-range Trans-boundary Air Pollution on the Reduction of Sulphur Emissions or their Trans-boundary Fluxes by at least 30 per cent was entered into force in 1987. Twenty-one ECE countries are Parties to this Protocol, which aims at abating one of the major air pollutants. As a result of this Protocol, substantial cuts in sulphur emissions have been recorded in Europe: Taken as a whole, the 21 Parties to the 1985 Sulphur Protocol reduced 1980 sulphur emissions by more than 50% by 1993 (using the latest available figure, where no data were available for 1993). Also individually, based on the latest available data, all Parties to the Protocol have reached the reduction target. Eleven Parties have achieved reductions of at least 60%. Given the target year 1993 for the 1985 Sulphur Protocol, it can be concluded that all Parties to that Protocol have reached the target of reducing emissions by at least 30%.

2. Protocol concerning the Control of Emissions of Nitrogen Oxides:-

India has signed this protocol which is popularly known as 1988 Sofia Protocol.

In 1988 the Protocol concerning the Control of Emissions of Nitrogen Oxides or their Trans-boundary Fluxes was adopted in Sofia (Bulgaria). This Protocol requires as a first step, to freeze emissions of nitrogen oxides or their trans-boundary fluxes. The general reference year is 1987 (with the exception of the United States that chose to relate its emission target to 1978).

Taking the sum of emissions of Parties to the NOx Protocol in 1994, or a previous year, where no recent data are available, also a reduction of 9% compared to 1987 can be noted. Nineteen of the 25 Parties to the 1988 NOx Protocol have reached the target and stabilized emissions at 1987 (or in the case of the United States 1978) levels or reduced emissions below that level according to the latest emission data reported.

The second step to the NOx Protocol requires the application of an effects-based approach. Applying the multi-pollutant, multi-effect critical load approach, a new instrument being prepared at present should provide for further reduction of emissions of nitrogen compounds, including ammonia, and volatile organic compounds, in view of their contribution to photochemical pollution, acidification and eutrophication, and their effects on human health, the environment and materials, by addressing all significant emission sources.

The collection of scientific and technical information as a basis for a further reduction in nitrogen oxides and ammonia, considering their acidifying as well as nitrifying effects, is under way.

3. Protocol concerning the Control of Emissions of Volatile Organic Compounds:-

India has signed this protocol which is popularly known as 1991 Geneva Protocol.

In November 1991, the Protocol to the Convention on Long-range Trans-boundary Air Pollution on the Control of Emissions of Volatile Organic Compounds (VOCs, i.e. hydrocarbons) or Their Trans-boundary Fluxes, the second major air pollutant responsible for the formation of ground level ozone, was adopted. It has entered into force on 29 September 1997.
This Protocol specifies three options for emission reduction targets that have to be chosen upon signature or upon ratification:

(i) 30% reduction in emissions of volatile organic compounds (VOCs) by 1999 using a year between 1984 and 1990 as a basis. (This option has been chosen by Austria, Belgium, Estonia, Finland, France, Germany, Netherlands, Portugal, Spain, Sweden and the United Kingdom with 1988 as base year, by Denmark with 1985, by Liechtenstein, Switzerland and the United States with 1984, and by Czech Republic, Italy, Luxembourg, Monaco and Slovakia with 1990 as base year);

(ii) The same reduction as for (i) within a Tropospheric Ozone Management Area (TOMA) specified in annex I to the Protocol and ensuring that by 1999 total national emissions do not exceed 1988 levels. (Annex I specifies TOMAs in Norway (base year 1989) and Canada (base year 1988));

(iii) Finally, where emissions in 1988 did not exceed certain specified levels, Parties may opt for stabilization at that level of emission by 1999. (This has been chosen by Bulgaria, Greece, and Hungary).

6. VEHICULAR EMISSION NORMS IN INDIA

The first Indian emission regulations were idle emission limits which became effective in 1989. These idle emission regulations were soon replaced by mass emission limits for both gasoline (1991) and diesel (1992) vehicles, which were gradually tightened during the 1990’s. Since the year 2000, India started adopting European emission and fuel regulations for four-wheeled light-duty and for heavy-duty vehicles. India’s own emission regulations apply to two and three-wheeled vehicles. On October 6, 2003, the National Auto Fuel Policy was announced, which envisages a phased program for introducing Euro 2 - 4 emission and fuel regulations by 2010. The vehicle Emission norm schedule in India is clearly represented in the following graph

Following are the important Acts, Rules and Notifications regarding the stopping of vehicular Air pollution. The brief introduction to the history of vehicular emission norms in India can be summarized as follows:-

Ø In 1991 the first State emission norms came into force for Petrol vehicles and in 1992 for Diesel vehicles.

Ø From April 1995, fitting of catalytic converters in new Petrol driven passenger cars was mandated in the four Metros and also introduction of unleaded petrol.

Ø From April 2000, unleaded petrol is available in the country.

Ø In developed countries lead was phased out from petrol over a period of more than 10 years, while in India this was achieved just in 6 years.

Ø The comparative statement of emission norms as under, indicates that the time gap between the introduction of norms in Europe and our country is narrowing:

	Euro I	Euro I	Euro II	Euro III
European Norms	1983	1992	1996-97	2000-2001
Indian Norms	1996	1.4.2000	*	**

* Bharat Stage–II norms, which are akin to Euro-II norms have been introduced in National Capital Region (NCR) for passenger vehicles upto GVW 3.5T from 1.4.2000 and for heavier vehicles from 24.10.2001 in National Capital Territory (NCT) of Delhi.

Ø In Mumbai and Delhi, these have been implemented from 1.1.2001 and 31.10.2001 respectively.

Ø These norms were further extended to Agra, Ahmedabad, Bangalore, Hyderabad / Secundrabad, Kanpur, Pune and Surat from 1.4.2003, and Lucknow and Sholapur from 1.6.2004 for all category of vehicles.

Ø The transport vehicles plying on inter-State permits or on National Permits or on All India Tourist Permits or plying from these cities to the other regions of the respective States have been exempted.

Ø Bharat Stage-II emission norms have been extended to entire country vide Gazette Notification No. G.S.R. 927 (E) dated 5.12.2003 and these have become effective from 1.4.2005.

· Basically Bharat Stage-II norms involve supply of Petrol and Diesel with 0.05% sulphur content.

· In rest of the country, petrol has a Sulphur content of 0.1% with effect from 1.4.2000 as against 0.05% in these cities and NCR of Delhi.

· Similarly, Sulphur content in diesel have been reduced in the country, from a level of 1.0% maximum in 1996 to 0.25% on 1.4.2000.

· In respect of NCT of Delhi and the above mentioned cities the sulphur content in Diesel is similarly 0.05%.

** Bharat Stage-III emission norms have been introduced with effect from 1-4-2005 in respect of Four Wheeled vehicles manufactured on and from 1^st April, 2005 in the National Capital Region and the cities of Mumbai, Kolkata, Chennai, Bangalore, Hyderabad including Secundrabad, Ahmedabad, Pune, Surat, Kanpur and Agra except for four wheeled transport vehicles plying on Inter-State Permits or National Permits or All India Tourist Permits within the jurisdiction of these cities.

Ø In addition to petrol and diesel, CNG and LPG are permitted to be used as auto fuels. Alternative fuels like di-methyl ether, bio-diesel, hydrogen, electric and fuel cell vehicles etc., are at various stages of experimentation.

Ø The emission norms for tractors were first notified in the year 1999. The next generation norms have been laid down. While Bharat (Trem) Stage II norms have come into force from 01.06.2003, the Bharat (Trem) Stage III norms has come into force from 01.10.2005.

Ø Next generation emission norms for two-wheelers and three-wheelers manufactured on and after 1.4.2005 have been notified.

Ø Steps for curbing menace of vehicular pollution

· This Department of road transports has taken several steps in this direction.

· Workshop-cum-training programmes are organized every year (two each at ARAI, Pune and IIP, Dehradun). In these workshops, officers of the State Transport Department are given training regarding checking of vehicular pollution more scientifically and effectively.

· Fitness norms for commercial vehicles have been tightened with effect from 28^th March 2001

· Pollution Under Control (PUC) Norms

Stricter PUC norms for in use motor vehicles have been notified vide Gazette Notification No. G.S.R. 111(E) dated 10.2.2004. These norms have come into force from 1^st October, 2004.

On October 6, 2003, the National Auto Fuel Policy has been announced, which envisages a phased program for introducing Euro 2 - 4 emission and fuel regulations by 2010. Following table represents the norms for the 4-wheel vehicles

Indian Emission Standards (4-Wheel Vehicles)
Standard	Reference	Date	Region
India 2000	Euro 1	2000	Nationwide
Bharat Stage II	Euro 2	2001	NCR*, Mumbai, Kolkata, Chennai
		2003	NCR*, 10 Cities†
		2005	Nationwide
Bharat Stage III	Euro 3	2005	NCR*, 10 Cities†
		2010	Nationwide
Bharat Stage IV	Euro 4	2010	NCR*, 10 Cities†
* National Capital Region (Delhi) † Mumbai, Kolkata, Chennai, Bangalore, Hyderabad, Ahmedabad, Pune, Surat, Kanpur and Agra

Trucks and Buses

Emission standards for new heavy-duty diesel engines—applicable to vehicles of GVW > 3,500 kg—are listed in Table 1. Emissions are tested over the ECE R49 13-mode test (through the Euro II stage).

Emission Standards for Diesel Truck and Bus Engines, g/kWh
Year	Reference	CO	HC	NOx	PM
1992	-	17.3-32.6	2.7-3.7	-	-
1996	-	11.20	2.40	14.4	-
2000	Euro I	4.5	1.1	8.0	0.36*
2005†	Euro II	4.0	1.1	7.0	0.15
2010†	Euro III	2.1	0.66	5.0	0.10
* 0.612 for engines below 85 kW † earlier introduction in selected regions, see Table 1

Light Duty Diesel Vehicles

Emission standards for light-duty diesel vehicles (GVW ≤ 3,500 kg) are summarized in Table 3. Ranges of emission limits refer to different classes (by reference mass) of light commercial vehicles; compare the EU light-duty vehicle emission standards page for details on the Euro 1 and later standards. The lowest limit in each range applies to passenger cars (GVW ≤ 2,500 kg; up to 6 seats).

Emission Standards for Light-Duty Diesel Vehicles, g/km
Year	Reference	CO	HC	HC+NOx	PM
1992	-	17.3-32.6	2.7-3.7	-	-
1996	-	5.0-9.0	-	2.0-4.0	-
2000	Euro 1	2.72-6.90	-	0.97-1.70	0.14-0.25
2005†	Euro 2	1.0-1.5	-	0.7-1.2	0.08-0.17
† earlier introduction in selected regions, see Table 1

Engines for use in light-duty vehicles can be also emission tested using an engine dynamometer. The respective emission standards are listed in Table 4.

Emission Standards for Light-Duty Diesel Engines, g/kWh
Year	Reference	CO	HC	NOx	PM
1992	-	14.0	3.5	18.0	-
1996	-	11.20	2.40	14.4	-
2000	Euro I	4.5	1.1	8.0	0.36*
2005†	Euro II	4.0	1.1	7.0	0.15
* 0.612 for engines below 85 kW † earlier introduction in selected regions,

Light Duty Gasoline Vehicles

4-Wheel Vehicles

Emission standards for gasoline vehicles (GVW ≤ 3,500 kg) are summarized in Table 5. Ranges of emission limits refer to different classes of light commercial vehicles (compare the EU light-duty vehicle emission standards page). The lowest limit in each range applies to passenger cars (GVW ≤ 2,500 kg; up to 6 seats).

Emission Standards for Gasoline Vehicles (GVW ≤ 3,500 kg), g/km
Year	Reference	CO	HC	HC+NOx
1991	-	14.3-27.1	2.0-2.9	-
1996	-	8.68-12.4	-	3.00-4.36
1998*	-	4.34-6.20	-	1.50-2.18
2000	Euro 1	2.72-6.90	-	0.97-1.70
2005†	Euro 2	2.2-5.0	-	0.5-0.7
* for catalytic converter fitted vehicles † earlier introduction in selected regions,

Gasoline vehicles must also meet an evaporative (SHED) limit of 2 g/test (effective 2000).

3- And 2-Wheel Vehicles

Emission standards for 3- and 2-wheel gasoline vehicles are listed in the following tables.

Emission Standards for 3-Wheel Gasoline Vehicles, g/km
Year	CO	HC	HC+NOx
1991	12-30	8-12	-
1996	6.75	-	5.40
2000	4.00	-	2.00

Emission Standards for 2-Wheel Gasoline Vehicles, g/km
Year	CO	HC	HC+NOx
1991	12-30	8-12	-
1996	4.50	-	3.60
2000	2.00	-	2.00

7. INSPECTION & MAINTENANCE- PRACTICE IN INDIA

The rapid growth in the number of vehicles and dominance of old vintage vehicles on Indian roads make the issue of inspection and maintenance a very important concern. In the last decade several initiatives to control vehicle pollution have been taken in India but most of the steps are directed towards new vehicle emission norms and fuel quality improvements. In major cities there exist a mandatory system for inspection and maintenance but it is now increasingly felt to upgrade the present system to a more effective one in the near future. In this chapter it is attempted to study:-

1. Inspection and maintenance of the vehicle
2. Fuel quality improvements.

7.1 Inspection and Maintenance Practice:-

The rules relating to Inspection and maintenance of the vehicle is laid down in the Motor Vehicles Act, 1988. Every commercial vehicle in India has to go for a mandatory fitness test. The renewal period for fitness certification in general is 2 years for new commercial vehicles and every 1-year for old vehicles. For private vehicles no mandatory periodic fitness check is required in India but there exist a system of re-registration of private vehicles after 15 years of initial registration or 1st registration. Thus, after 15 years a private vehicle has to go for fitness to get re-registered which remains valid for the next five years. But, all in-use vehicles are compulsorily required to obtain emission check certificate called Pollution Under Control (PUC). Frequency of this PUC certification system varies from 2 to 4 times a year. Issuance of PUC based on conformity to idle emission test for gasoline vehicles and free acceleration smoke test for diesel vehicles.

7.1(a) Vehicle Fitness Test:-

Every commercial vehicle in India has to obtain a mandatory fitness certificate after two years for new vehicles and after every one year for old vehicles. The fitness certification is being carried out by the motor vehicle inspectorate, known as Regional Transport Offices (RTOs) attached to the Transport Department in each state, which has its offices in the Capital as well as in the major cities of the state. The RTOs are responsible not only for fitness certification but also for a number of various tasks like new registration, driving licenses, etc.

7.1(b) Fitness Test Facility

The Transport Departments in India, depend on visual checks and limited road tests (for checking brakes) for inspecting the vehicles for fitness certification. The Transport Department of NCT, Delhi has set up a modern test facility at a place called Burari, three other centers in Hyderabad, Bangalore and Goa, However these facilities are highly inadequate considering the rapid increasing vehicle population.

7.1(c) Items for Fitness Check

As per the provisions of the Act, the following items are required to be tested and certified under fitness test

Items for fitness test

Items	Checks
Tyres	Cut, deformation, threadease were
Steering	Gear backlash, kingpin, stub axle, freeplay
Engine	Noise Level (85 dB)
Suspension	Leafspring position, clamping, shock absorber, bushes, shackle, centre bolt
Horn	Electrical, bulb, pressure horn
Brake	Total brake effort >45%, stopping distance at 30 kmph<13>
Lamps	Headlamps, parking, turn signals, top light, reflectors
Chassis	Chassis & engine no., identification plate, month & year of mfg.
Speedometer	Functioning, speed governors
Painting	As per specifications
Wiper	Fitment & functioning
Dimension	As per CMVR, DMV rules
Body	Seating, mudguard, emergency gate, window size, glasses, floor, etc.
Electrical	Insulations, switches, doom light, spark arrester
Finishing	Riveting, welding, bonnet, crankcase cover, etc.
Road Test	Clutch, transmission, axels & performance
Others	As per specifications

7.1(d) Existing PUC System in India

Pollution Under Control (PUC) is the existing system of periodic Inspection and maintenance in India, which is a mandatory requirement for all categories of on-road vehicles including two wheelers. Under this system a PUC certificate is issued for a vehicle upon conformity to emissions based on idle test for Gasoline vehicles and free acceleration smoke test for diesel vehicles.

Present & Proposed PUC Limits

Type	Present		Proposed
	Co	HC	CO	HC
Gasoline (4-whlr)	3%	-	0.5%*	750*
2/3-whlr	4.5%	-	3.5%	9000
Diesel	65 HSU

Fee Structure of Fitness
Certification & PUC in India

Vehicle Type	Fee (Rs)
Heavy Commercial Vehicle	Rs.150
Medium Motor Vehicle	Rs.100
Light Motor Vehicle	Rs.50.0
For Private Vehicles: Fee Taken once during initial registration (purchase)
Fee For PUC Certification
All Petrol Vehicles	Rs.25.0
All Diesel Vehicles	Rs.50.0
Minor Modification (Ptrl. Vcls Only)	Rs.5.00

7.1(e) Penalty for Non-Compliance

A vehicle, found to be not in possession of a valid PUC Certificate can be prosecuted under Section 190(2) of the Motor Vehicle Act, 1998. A penalty of Rs.1000/- for first offence and Rs.2000/- for every subsequent offence of violation has been provided. The offence is compoundable with a fine of Rs.900/- for first offence and Rs.1800/- for subsequent offence.

7.1(f) Drawbacks of Fitness Certification in India

The problem of exhaust emissions from old vintage on-road vehicles and increasing number of road accidents call for a comprehensive and efficient vehicle fitness certification system in India. Though there exist a system of fitness certification, proper implementation and functioning of the system has been a concern for long. The existing system being inefficient and inclined more to visual checks encourage false passes and corruptions. Concerns of road accidents due to mechanical failure of vehicles and problems of vehicle fitness can only be tackled by putting in place sufficient numbers of testing centers in each states.

7.1(g) Some of the gaps in the existing system are outlined below:

«» Lack of adequate testing facility. Only one center exists in some major cities of the state, which obviously cannot cater to the huge vehicle population of the state.
«» Number of vehicle inspectors is very less. More trained inspectors need to be inducted by the Transport Departments.
«» Only commercial vehicles are now required to go for fitness tests. All categories of vehicles should be brought under the ambit of fitness testing.
«» Fitness is more a practice in paper then in reality. This gives scope for corruption, which exist in the system in India.

Considering the above problems in India, more stress for setting up better test facilities are required. Experiences of other countries may play a vital role in designing an efficient fitness testing system. Private participation may also be considered for better functioning of the test centers.

8. CASES ON VEHICULAR POLLUTION AND ENVIRONMENTAL ADMINISTRATION

8.1 CONSTITUTION AND ENVIRONMENTAL LAW

The Constitution of India has prescribed the right to life under Art.21 of the Constitution. Art.21 has been used in a diversified manner. It includes, inter alia, the right to survive as a species, quality of life, the right to live with dignity and the right to livelihood. These rights has been expressly recognised as a constitutional right. Article 21 of the Indian Constitution states: ‘No person shall be deprived of his life or personal liberty except according to procedures established by law.’ The Supreme Court expanded this right in two ways. Firstly, any law affecting personal liberty should be reasonable, fair and just[1]. Secondly, the Court recognised several liberties that were implied by article 21[2]. It is by this second method that the Supreme Court interpreted the right to life and personal liberty to include the right to a clean environment[3].

The Constitution (Forty Second Amendment) Act 1976 incorporated environmental protection and improvement as a part of state policy. Article 48A, a Directive Principle of State Policy, provides that: ‘The State shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country.’ Article 51A (g)[Fundamental Duties] imposes a similar responsibility on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures....’. Therefore, protection of natural environment and compassion for living creatures were made the positive fundamental duty of every citizen. Both the provisions substantially send the same message. Together, they highlight the national consensus on the importance of the protection and improvement of the environment. However Directive Principles of State Policy cannot be executed just as any other fundamental right

Supreme Court in the case of Charan Lal Sahu v. Union of India[4] first addressed the link between environmental quality and right to life. The Supreme Court interpreted the right to life guaranteed by Art 21 of the constitution to include the right to a wholesome environment. In the case of Subhash Kumar v. State of Bihar[5] the court observed that ‘right to life guaranteed by Article 21 includes the right of enjoyment of pollution-free water and air for full enjoyment of life. Through this case, the court recognised the right to a wholesome environment as part of the fundamental right to life. In M.C. Mehta v. Union of India[6]. The Supreme Court ordered the Central Government to show the steps they have taken to achieve the goal of ensuring a better quality of environment through national policy and to restore the quality of environment.

Another aspect of Art.21 is the Public Trust Doctrine. This doctrine serves two purposes: it mandates affirmative state action for effective management of resources and empowers the citizens to question ineffective management of natural resources. Supreme court applied the public trust doctrine, it considered it not only as an international law concept, but also as one which is well established in our constitutional legal system under Art. 21. However, successful application of this doctrine in India shows that this doctrine can be used to remove difficulties in resolving tribal land disputes and cases concerning development projects planned by the government. In M.C. Mehta v. Kamal Nath and Others[7] the court added that ‘[it] would be equally appropriate in controversies involving air pollution, the dissemination of pesticides, the location of rights of ways for utilities, and strip mining of wetland filling on private lands in a state where governmental permits are required.’ In both M.I. Builders Pvt. Ltd and in the Th. Majra Singh v. Indian Oil Corporation[8] the court reconfirmed that the public trust doctrine ‘has grown from article 21 of the constitution and has become part of the Indian legal thought process for quite a long time.’

8.2 Cases on Vehicular Pollution:-

In Murali Puroshothaman vs Union of India,[9] the petitioner focused attention on air pollution de to the gaseous pollutants emitted by vehicles plying through the streets of Kerala. He contended that the inhalation of such pollutants lead to diseases like cancer and tuberculosis. The statutory provision for reducing the density of such haqardous substances emitted by automobiles has not been implemented by the authorities. The judge poinged out that the extent of air pollution caused by automobiles can be ranked as one of the chief sources of air pollution. The vehicles pump out billows of carbon monoxide, hydrocarbons, and nitrogen oxides into the air by burning gasoline. This created uncontrolled and unmitigated automobile spitting and aggravates the serious problem of air pollution.

Vehicular pollution in Delhi city, in the context of Art 47 and 48 of the Constitution came up for consideration in M.C. Mehta vs. Union of India: 1998(6) SCC 60 and 1998(9) SCC 589. It was held that, it was the duty of the Government to see that the air was not contaminated by vehicular pollution. The right to clean air also stemmed from Art 21, which referred to right to life. Lead free petrol supply was introduced in M.C. Mehta vs. Union of India[10] and phasing out old commercial vehicles more than 15 years old was directed in M.C. Mehta vs.Union of India[11]. These judgments are important landmarks for the maintenance of clean air in Delhi.

The right to clean air also stemmed from Art 21 which referred to right to life. Lead free petrol supply was introduced in M.C. Mehta vs. Union of India[12] and phasing out old commercial vehicles more than 15 years old was directed in M.C. Mehta vs. Union of India[13]. These judgments are important landmarks for the maintenance of clean air in Delhi.

Right to clean air and the need for slowly eliminating ‘diesel’ for motor vehicles came up in M.C.Mehta vs. Union of India[14] (matter regarding diesel emissions). Right to life was held to include right to good health and health care. M.C. Mehta vs. Union of India[15]. Hot mix plants meant to supply hot mix for the runways in airports and the pollution by the smoke emitted by them came up for consideration in M.C. M`ehta vs. Union of India[16].

8.2(a). VEHICULAR POLLUTION IN DELHI (M.C.Mehta Vs UOI & Ors) [17]

In M.C.Mehta Vs Union of India[18] the Supreme Court was not satisfied with the performance of the authorities concerned in taking the acute problem of pollution and traffic in the Delhi. Inspite of the matter having engaged its attention. This is the problem which as part the court was a great health hazard and should not brook any delay.

In M.C. Mehta vs Union of India[19] directions were given to follow earlier order reported as M.C.Mehta vs Union of India[20] time bound direction were issed to implement the in phase several directions for solving the problems giving rise to air pollution. Again, time frame implementation of several measures as fixed by the committee was approved and was directed to be implemented, failure of which was to invite action under contempt of Court Act, 1971.

In suo moto proceedings in Re Delhi Transport Dept[21] the court has issued the notice to various operators through their unions were issued for assisting the court in the process of controlling the population in those notices the precautionary principle which is the part of the concept of suitable development has to be followed by the state Government in controlling pollution. the state government is under the constitutional obligation to control pollution and if necessary by anticipating the causes of pollution and the curbing the same. Restriction on plying of taxis, three wheelers and other vehicles in the cities may become necessities.

In Delhi Pollution case the writ petition was filed in the year of 1985 under Article 21 of the Constitution of India regarding air pollution in Delhi. The Petitioner challenged the inaction on the part of the Union of India, Delhi Administration (now known as Government of National Capital Territory of Delhi) and other Authorities whereby smoke, highly toxic and other corrosive gases were allowed to pass into the air due to which the lives of the people of Delhi were put to high risk especially in thickly populated areas where most of the hazardous industries were functioning. The residents of the area were suffering from chronic ailments of nose, throat and eyes due to air pollution. The Petitioner prayed before the Hon’ble court that pollution is due to industries and vehicles and appropriate directions might be issued to the owners of vehicles emitting noxious carbon monoxides, oxides of nitrogen, lead and smoke from their vehicles. During the pendency of this Writ Petition, the Hon’ble Supreme Court passed several orders/directions to deal with the situations arising from time-to-time and impressed upon the concerned authorities to take urgent steps to tackle the acute problem of vehicular pollution in Delhi.

The important directions issued by the Hon’ble Court on 26.7.1998:

(i) Augmentation of public transport to 10,000 buses by 1.4.2001;

i. Elimination of leaded petrol from NCT Delhi by 1.9.1998;

2. Supply of only pre-mix petrol by 31.12.1998 for two stroke engines of two wheelers and autos;
3. Replacement of all pre-1990 autos and taxies with new vehicles on clean fuels by 31.3.2000;
4. No 8 year old buses to ply except on CNG or other clean fuels by 1.4.2000;
5. Entire city bus fleet (DTC & private) to be converted to single fuel mode on CNG by 31.3.2001;
6. New ISBTs to be built at entry points in North and South-West to avoid pollution due to entry of inter state buses by 31.3.2000;
7. GAIL to expedite and expand from 9 to 80 CNG supply outlets by 31.3.2000;
8. Two independent fuel testing laboratories to be established by 1.6.1999;
9. Proper inspection and maintenance facilities to be set up for commercial vehicles with immediate effect;
10. Comprehensive inspection and maintenance programme to be started by transport department and private sector by 31.3.2000; and
11. CPCB/DPCC to setup a few more stations and strengthen the air quality monitoring stations for monitoring critical pollutants by 1.4.2000. The Hon’ble Court also directed that the time frame as fixed by the Environment Pollution (Prevention and Control) Authority should be strictly adhered to by all the authorities.

The Hon’ble Supreme Court on 26.3.2001 further directed that in public interest and with a view to mitigate the sufferings of the commuter public in general and the school children in particular some relaxation and exemptions were given.

While dealing with the issues relating to conversion to CNG mode of public transport in NCT Delhi, the Hon’ble Supreme Court on 5.4.2002 further directed that under Articles 39(e), 47 and 48-A it is the duty of the of the State to secure the health of the people, improve public health and protect and improve the environment. The Hon’ble Court observed that the Environment (Prevention and Control) Authority was a statutory Authority constituted u/s 3 of the Environment (Protection) Act, 1986 and its directions were final and binding on all persons and organizations concerned. The directions of the said authority should be complied with.

The Hon’ble Supreme Court earlier extended the limit for the conversion of commercial vehicles to avoid the unnecessary hardship, the first time it was extended to 31.5.2001 and then to 31.1.2002. On 5.4.2002, the Hon’ble Supreme Court has relied on the judgment of Vellore Citizen Welfare Forum Vs Union of India & Others (1996) 5 SCC 64 in which precautionary principle and ‘polluter pays principle’ was discussed. The Hon’ble Court also referred various studies, which co-related the increase of air pollution with increase in cardiovascular and respiratory diseases, and also the carcinogenic nature of respirable suspended particulate matter (RSPM) – PM-10 (i.e. matter less than 10 microns in size). The Hon’ble Supreme Court also referred the CPCB Newsletter "Parivesh", published in September, 2001 relating to air pollution and human health, and observed that there was need to control air pollution, and one of the measures was to reduce the use of diesel.

The Hon’ble Supreme Court issued the following directions for compliance:

1. The Union of India would give priority to Transport Sector including private vehicles all over India with regard to the allocation of CNG, i.e first the transport sector in Delhi, and in other polluted cities of India.

2. Those persons who have placed orders with the bus manufacturers and not taken the delivery of the bus should do so within 2 weeks failing, which their permits should stand automatically, cancelled.
3. Those owners of the diesel buses continued to ply diesel buses beyond 31.1.2002, in contravention of this Court’s orders, the Director of Transport, Delhi would collect from them costs @ Rs.500/- per bus per day increasing to Rs.1000/- per day after 30 days of operation of the diesel buses w.e.f. 6.4.2002.
4. The NCT of Delhi should phase out 800 diesel buses per month from 1.5.2002 till all the diesel buses are replaced.
5. The Union of India and all Government Authorities including Indraprashta Gas Limited (IGL) should:

a. Allocate and make available 16.1 lacs kg per day (2 mmscmd) of CNG in the NCT of Delhi by 30.6.2002 for use by the transport sector.

2. Increase the supply of CNG whenever the need arises.
3. Prepare a scheme containing a time schedule for supply of CNG to the other polluted cities of India which includes Agra, Lucknow, Jharia, Kanpur, Varanasi, Faridabad, Patna, Jodhpur and Pune.
4. The Union of India might supply LPG in addition to CNG as an alternate fuel or to supply any other clean non-adulterable fuel as the Bhure Lal Committee might recommend.

8.3 PHASED PROGRAMME FOR INTRODUCING LESS POLLUTING MOTOR FUEL.

In the case of M.C.Mehta vs Union of India[22] the Supreme Court of India gave following directions

1. Introduction of Unleaded petrol in four metros through selected outlets already completed.
2. Extension of unleaded petrol to capitals of all states and major towns
3. Later on making vehicle available unleaded petrol in entire country at selected retail outlets
4. All new four wheelers sold in the country were to be equipped catalytic converters and if a new vehicle were to be sold was found without catalytic converter, the driver/owner of that vehicle was to be dealt with and if necessary the supporting rule or legislation.
5. Warning can be issued to all such users were to be made aware by the use of media, TV, etc. of the possibility of there being dealt with and if necessary the supporting rule or legislation was to be enacted
6. To increase no of outlets for the supply of unleaded petrol
7. For setting up of mother station of compressed gas.

In the matter of criminal prosecution for offences relating to environmental pollution, the liberal attitude of the High Court in the matter of the quantum of punishment was seriously criticized by the Supreme Court in U.P. Pollution Board vs. Mohan Meakins Ltd[23]. It was observed that the Courts could not afford to deal lightly with cases involving pollution of air and water. The Courts must share the parliamentary concern on the escalating pollution levels of our environment. Those who discharge noxious polluting effluents into streams appear to be totally unconcerned about the enormity of the injury which they are inflicting on the public health at large, to the irreparable impairment it causes on the aquatic organisms, and to the deleterious effect it has on life and health of animals. Courts should not deal with the prosecution for

pollution-related offences in a casual or routine manner

Emission standard for the motor vehicles were clarified in the M.C.Mehta vs Union of India[24]. It was said that the restrictions on the registrations imposed by the supreme court of India’s order dated 29^th April 1999 would not apply to registration of vehicles fitted with a compressed natural gas kits. And which play on compressed natural gas only but with a effect 1^st June 1999. No vehicle whether diesel or a petrol driven was to be registered unless it confirms to Euro-1 norms, equivalent of India 2000 norms as notified by Government of India vide GSR No 493(E), dated 29^th august 1997. It was further directed that with the effect from 1^st April 2000 no vehicle whether diesel or petrol driven be registered unless it confirms to Euro-2 norms.

A report on air pollution caused by vehicular traffic indicated inter alia that

1. More that 90% of nitrogen oxide and respirable particulate matter are from Vehicular exhaust to diesel emissions.
2. Diesel particulate was designated as a toxic air containment, which meant that chronic exposure can lead to lung cancer.

Considering the gravity of the situation and noting the effect of diesel exhaust on the health of citizens, which was of extreme serious nature, the Government was directed to inform the court by affidavit on the number of diesel and petrol driven private vehicles. This information it was felt was necessary in order to decide whether a restriction of a diesel vehicle should be suspended forthwith[25].

Earlier courts order was to be read together and so read; it was held that modification of changes sought for is not warranted. It was however clarified that there is no completion of conversions of autos and taxis to compressed natural gas single mode or prohibition of use of Euro-2 norms taxis or 4 stroke auto engines on clean fuel.

In public Interest litigation a committee was directed to examine the possibility of the use of liquefied petroleum gas as an alternate fuel. Containment of the adulteration of fuel by kerosene or any other adulterant was another issue. Timeframe for improved diesel and moving to Euro-3 norms was also considered.[26]

8.4 LEGAL CASES FOR ENSURING STANDARDS FOR EMISSION FROM AUTOMOBILES

Motor Vehicles Acts lays down that with a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under the Clause (g) of sub-section 1 of Section 17 are complied with, the State Government, shall in consultation with the state Board give such instructions as may be deemed necessary to the concerned in charge of Registration of Motor Vehicles under the Motor Vehicles Act, 1939, and such authority shall, notwithstanding anything contained in that Act or Rules made there under be bound to comply with such instructions.

In M.C.Mehta vs Union of India[27], directions were given for shifting of petrol pump stations in certain areas in Delhi. As various directions given by were not being implemented the Supreme Court in M.C.Mehta vs Union of India[28], reminded the administration of the of the existence of constitutional mandate in the form of Articles 47 and Article 48-A of the Constitution of India. It was pointed out that vehicular pollution affects life and therefore Article 21 would be equally attracted. The environmental Pollution (Pollution and Control Authority for National Region was reminded of its obligations. The fact that effective measures were not being taken, the Supreme Court of India expressed its anguish in the M.C.Mehta vs Union of India[29]. With a view to check air pollution cause by motor vehicles following directions were given:-

1. stoppage of plying of commercial vehicles which are more than 15 years old by 2^nd Oct, 1998

2. Restriction on plying of goods vehicles

3. Ban on supply of loose 2T Oil

4. Augmentation of Public transport to 10,000 buses

5. Introduction of buses propelled by compressed Natural Gas

6. Supply of premix petrol to two stroke engines

7. replacement of autos and taxis which are purchased before 1990

ban on plying of buses which are more than eight years old, unless there were powered by Compressed Natural Gas

8.5 WAYS AND MEANS TO SETUP A COMMITTEE SETUP FOR SUGGESTION

The Supreme Court in M.C. Mehta vs. Union of India advocated environmental Courts manned by a Judge and two experts at the regional level[30]. Further Supreme Court in Indian Council for Enviro-Legal Action vs. Union of India reiterated this[31]. Finally, the need for such Environment Courts was referred to in A.P. Pollution Control Board vs. M.V. Naidu[32] and in the follow up case in A.P. Pollution Control Board II vs. M.V. Naidu[33], the Court required the Law Commission to go into this question. Accordingly 108^th Law commission [34]submitted the report for setting up of the Environment Courts. Hence it is necessary here to discuss the judgment in the above case to see the development of the law relating to the setting up of the committees and environment courts

In Delhi Motor vehicle traffic is responsible for 64% of pollution. In a Public interest litigation initiated in the supreme court of India, the apex court directed Delhi administration to furnish a complete list of a prosecution launched against heavy vehicles for causing pollution by infringing the strict provisions of law. The court directed setting up of the committee, which was supposed to look into.

1. Assessment of various technology for controlling the vehicular pollution
2. To make assessment of the current status of technology available in this country.
3. To examine the manufacturing of low cost devices.
4. To make recommendations for regulating the pollution.

The above directions were given in the case of M.C.Mehta Vs Union of India[35]. In Ajay Singh Rawat vs Union of India[36] the supreme court of India directed that the vehicular traffic on account of heavy vehicles plying on Mall Road and the bridle paths caused lot of air pollution, this polluted air ultimately settled in the catchments area of the lake in Nainital. The Supreme Court of India took note of it and asked for the plying of heavy vehicles coming to an end, this was found essential with a view to restore the scenic beauty and to prevent the pollution of soil. Division Bench of a Delhi High Court in Madras Road residence association vs Lt. Governor[37], took note of the effect of pollution which was endangering human life on account of vehicular traffic. This division took note of a noise pollution, which is caused by the vehicular traffic. This decision takes note of the noise pollution, which is caused by the vehicular traffic. In namit Kumar vs Ut, Chadigarh[38] the effect of vehicular pollution and non-implementation of rules framed under the motor vehicle act. Was taken note of by the P&H high court.

9. Conclusion

The growth of vehicles is the backbone of the economic development. Yet, Human life is far more precious than the economic development. Without the Human Resource development the Economic growth can bring only doom to a nations, but when a nation grows economically without any consideration for the safeguarding of the environment then such nation is a bane to the global world as it is encouraging the end of the earthly population.

Natural resources and Natural Environment are the main essentials for the development of humanity. Only Earths environment and its conducive nature to support the life has rendered it useful for the life forms to exist. Till date no planet having similar life supporting environment to that of the earths environment has been discovered. So its our duty to safeguard the most costliest gem known to the mankind i.e. the earth and its environment.

In the case of Murali Purushothaman vs Union of India[39] Supreme Court said:-

“…Human life is far more important than vehicular traffic. The pristine adage that ‘Rules are for men and not men are for rules’ assumes contemporary relevance particularly in the area of environmental cleanliness. No authority not even the state can be permitted to bide time without enforcing whatever provision is available and without exercising whatever power is commendable to protect human life”

Thus it can be stated that the Environmental laws and rules should be strictly interpreted in favor of Environment. Further

1. Coordination among government agencies involved in the I&M system is very important and should be coordinated properly.

2. Education and public awareness campaigns play a critical role in ensuring public support for I&M programs as well as compliance.

3. Centralization of testing centers should be preferred over a decentralized network as a centralized system is less costly and less open to fraud.

4. There should be a separation of inspection and maintenance facilities.

5. The inspection test centers should be self-sustaining.

6. Warranties for emissions, parts, and roadworthiness on new vehicles should be considered and their implementation should be strictly observed. anufacturers should be held accountable for ensuring that.

Economic Measures and Incentives:-

Government should give economic incentives for those who prefer to buy eco-friendly vehicles. The economic incentives may be in the form of excemption of paying road tax or paying parking fees etc. Government should also contemplate in subsidizing the vehicles, which are eco-friendly to encourage the buyers.

Planning Cities or building new planned cities:-

India is facing large-scale migration of population from rural areas to urban areas. This migration is estimated to last for a long time to come, this migrating population to present unplanned cities is creating stress on the environment of these cities. The present cities are very unplanned For Eg:- the Main Governmental offices in Bangalore is in the city center and the staff quarters for the employees working in Bangalore is in the outskirts of the city or in a minimum distance of 4-5 Kms, forcing the employees to use their own vehicles to travel.

Planning of public transportation is equally important, as this shall help the public to use this transport instead of adding to the vehicular population.

Designing Effective Investigation and Maintenance policy

Designing Effective Investigation and Maintenance policy is equally important for stopping the Vehicular pollution. Fuel standards are important and should be based on environmental considerations and considered in parallel with I&M policies. Strict enforcement of these standards is important to ensure compliance of refineries and importers. Over-arching ambient air quality standards should also be considered in conjunction with these policies. Current base line measures of ambient air quality should be established. Regulations to ensure that noise levels do not exceed internationally accepted limits should be set and

strictly implemented. Social welfare and issues of poverty should be taken into consideration when designing I&M policy. Regional cooperation may be useful for programs aimed at sharing data information and successful experiences, technical training and capacity building, and consideration for fuel and vehicle standards. Although loaded tests are relatively expensive, they are ideal for post Euro I vehicles. However I&M systems should be designed to address current fleet characteristics. CNG and other environmentally friendly fuels should be encouraged to be used.

Thus we can deal effectively in dealing with the Vehicular pollution in India.

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[1] Maneka Gandhi v. Union of India, AIR 1978 SC 597, 623-624. Francis Coralie Mullin v. The Administrator, Union Territory of Delhi, AIR 1981 SC 746, 749-750.

[2] Directive principle such as equal pay for equal work, free legal aid, right to speedy trial, right to livelihood, right to education and DP relating to environment [Article 48-A] are read in conjunction with the fundamental rights.

[3] P. Leelakrishnan, Law and Environment (1992, Eastern Book Company, India) Chapter 10, pg.144-152.

[4] AIR 1990 SC 1480

[5] AIR 1991 SC 420/ 1991 (1) SCC 598

[6] (1998) 9 SCC 589

[7] (1997) 1 SCC 388

[8] AIR 1999 J&K 81.

[9] AIR 1993 Ker 297.

[10] 1998 (8) SCC 648

[11] 1998(8) SCC 206

[12] 1998 (8) SCC 648

[13] 1998(8) SCC 206

[14] 1999(6) SCC 9

[15] 1999(6) SCC 9

[16] 1999(7) SCC 522

[17] M.C.Mehta Vs UOI & Ors1998 (8) SCC 648.)

[18] (1998) 6 SCC 62

[19] (1998) 6 SCC 63

[20] (1998) 5 SCC 767

[21] (1998) 9 SCC 250

[22] (1998) 8 SCC 648

[23] 2000(3) SCC 745.

[24] (1999) 6 SCC 14

[25] M.C.Mehta Vs Union of India(Matters regarding diesel emissions). (1999) 6 SCC 9.

[26] M.C.Mehta Vs Union of India(2003) 10 SCC 530

[27] 1998(5) SCC 610

[29] AIR 1998 SC 2963.

[30] 1986 (2) SCC 176 (at 202)

[31]1996 (3) SCC 212

[32] 1999 (2) SCC 718

[33] 2001 (2) SCC 62

[34] Submitted on Sept 2003.

[35] (1991) 2 SCC 353

[36] (1995) 3 SCC 266

[37] (1995) 3 SCC 266

[38] CWP No. 7639/95 Decided on 9/07/98

[39] AIR 1993 Ker 297

10. END NOTES

1. Daubert vs. Merrel Dow Pharmaceuticals Inc: (1993) 113 S.ct. 2786

2. M.C. Mehta vs. Union of India 1997(2) SCC 353 = AIR 1997 SC 734

3. http://morth.nic.in/writereaddata/sublinkimages/table-12458822488.htm

4. M.C.Mehta vs Union of India, (1997) 8 SCC 770; AIR 1998 SC 190.

5. Maneka Gandhi v. Union of India, AIR 1978 SC 597, 623-624. Francis Coralie Mullin v. The Administrator, Union Territory of Delhi, AIR 1981 SC 746, 749-750.

6. Directive principle such as equal pay for equal work, free legal aid, right to speedy trial, right to livelihood, right to education and DP relating to environment [Article 48-A] are read in conjunction with the fundamental rights

7. P. Leelakrishnan, Law and Environment (1992, Eastern Book Company, India) Chapter 10, pg.144-152.

8. Charan Lal Sahu v. Union of India AIR 1990 SC 1480

9. Subhash Kumar v. State of Bihar AIR 1991 SC 420/ 1991 (1) SCC 598

10. M.C. Mehta v. Union of India(1998) 9 SCC 589

11. M.C. Mehta v. Kamal Nath and Others (1997) 1 SCC 388

11a. M.I. Builders Pvt. Ltd

12. Th. Majra Singh v. Indian Oil Corporation AIR 1999 J&K 81.

13. Murali Puroshothaman vs Union of India AIR 1993 Ker 297.

13(a). M.C. Mehta vs. Union of India: 1998(6) SCC 60 and 1998(9) SCC 589

14. M.C. Mehta vs. Union of India 1998 (8) SCC 648

15. M.C. Mehta vs. Union of India 1998(8) SCC 206

16. M.C. Mehta vs. Union of India 1998 (8) SCC 648

17. M.C. Mehta vs. Union of India 1998(8) SCC 206

18. M.C. Mehta vs. Union of India 1999(6) SCC 9

19. M.C. Mehta vs. Union of India 1999(6) SCC 9

20. M.C. Mehta vs. Union of India 1999(7) SCC 522

21. M.C.Mehta Vs UOI & Ors1998 (8) SCC 648

22. M.C. Mehta vs Union of India (1998) 6 SCC 62

23. M.C. Mehta vs Union of India (1998) 6 SCC 63

24. M.C. Mehta vs Union of India (1998) 5 SCC 767

25. Re Delhi Transport Dept (1998) 9 SCC 250

25(a). Vellore Citizen Welfare Forum Vs Union of India & Others (1996) 5 SCC 64

26. M.C.Mehta vs Union of India (1998) 8 SCC 648.

27. U.P. Pollution Board vs. Mohan Meakins Ltd 2000(3) SCC 745

28. M.C.Mehta vs Union of India (1999) 6 SCC 14

29. M.C.Mehta Vs Union of India(Matters regarding diesel emissions). (1999) 6 SCC 9.

30. M.C.Mehta Vs Union of India(2003) 10 SCC 530

31. M.C.Mehta vs Union of India, 1998(5) SCC 610

32. M.C.Mehta vs Union of India, 1998(5) SCC 610

33. M.C.Mehta vs Union of India, AIR 1998 SC 2963

34. M.C. Mehta vs. Union of India, 1986 (2) SCC 176 (at 202)

35. Enviro-Legal Action vs. Union of India, 1996 (3) SCC 212

36. A.P. Pollution Control Board vs. M.V. Naidu, 1999 (2) SCC 718

37. A.P. Pollution Control Board II vs. M.V. Naidu, 2001 (2) SCC 62

38. 108^th Law commission Report, Submitted on Sept 2003.

39. M.C.Mehta Vs Union of India, (1991) 2 SCC 353

40. Ajay Singh Rawat vs Union of India, (1995) 3 SCC 266

41. Madras Road residence association vs Lt. Governor, (1995) 3 SCC 266

42. namit Kumar vs Ut, Chadigarh, CWP No. 7639/95 Decided on 9/07/98

Bibliography

1. Book:- Environmental Law Module

Supplied by NLSIU

2. Book:- Environmental Law Case-book,

1^st edition

Author:- P.LeelaKrishnan

Publication: Lexis Nexis

3. Book:- Environmental Law, Cases and Materials.

2^nd Edition

Author:- Philip Weinberg

Publication:- Austin and Winfield

4. Book:- Environmental Law in India

2000

Author:- P. Leelakrishnan.

5. Hand Book on Environmental Law

1997, William.H.Rodgers

Articles Referred:-

1. AIR POLLUTION MANAGEMENT IN INDIA

T S Panwar, Tata Energy Research Institute, New Delhi, India.

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