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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

I.A.NO. 487/2017, I.A. NO. 491/2017, I.A. NO. 494/2017,  I.A. NO. 489/2017, I.A. NO. 495/2017  

in  Writ Petition(Civil) No.13029/1985

M.C.MEHTA            ...PETITIONER(s)                           VERSUS UNION OF INDIA & ORS. ...RESPONDENT(s)

O R D E R

We have heard the learned Solicitor General, learned Amicus Curiae, learned counsel for the interveners who are  manufacturers  of  vehicles  (two  wheelers,  three wheelers,  four  wheelers  and  commercial  vehicles  –  for short referred to as ‘such vehicles’) and learned counsel for the association of dealers of such vehicles.  

The seminal issue in these applications is whether the sale and registration and therefore the commercial interests of manufacturers and dealers of such vehicles that do not meet the Bharat Stage-IV (for short 'BS-IV') emission standards as on 1st April, 2017 takes primacy over the health hazard due to increased air pollution of millions  of  our  country  men  and  women.  The  answer  is quite obvious.  The controversy relates to the sale and registration (on and after 1st April, 2017) of such vehicles lying in

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stock with the manufacturers and dealers that meet the Bharat  Stage  III  emission  standards  (for  short  BS-III standards) but do not meet the BS-IV emission standards.  Briefly,  according  to  the  manufacturers,  they  are entitled  to  manufacture  such  vehicles  till  31st March, 2017 and they have done so. In so doing, they say that they have not violated any prohibition or any law. Hence, the sale and registration of such vehicles on and from 1st

April, 2017 ought not to be prohibited. They say that they will not be manufacturing any vehicle that does not comply with the BS-IV emission standards from and after 1st April, 2017 and therefore the only issue is the sale and registration of the existing stock of such vehicles that comply with BS-III emission standards. They say that they  may  be  given  reasonable  time  to  dispose  of  the existing stock of such vehicles.  On the other hand, according to the learned  Amicus, permitting such vehicles to be sold or registered on or after 1st April, 2017 would constitute a health hazard to millions of our country men and women by adding to the air pollution levels in the country (which are already quite  alarming).  It  is  her  submission  that  the manufacturers of such vehicles were fully aware, way back in 2010, that all vehicles would have to convert to BS-IV fuel on and from 1st April, 2017 and therefore, they had more than enough time to stop the production of BS-III compliant vehicles and switch over to the manufacture of

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BS-IV compliant vehicles. In fact, the major manufacturer of  4  wheeler  vehicles,  Maruti  Sazuki  had  completely switched  over  to  the  manufacture  of  BS-IV  compliant vehicles a few years ago. However, for reasons best known to manufacturers of such vehicles and entirely at their peril,  they  did  not  make  a  complete  switch  (though  a partial switch has been made) even though they had the technology and technical know-how to do so.  Therefore, keeping  the  larger  public  interest  in  mind  and  the potential health hazard to millions of our country men and women due to increased air pollution, there is no justification for any of the manufacturers not shifting to  the  manufacture  of  BS-IV  compliant  vehicles  well before 1st April, 2017.

It has been brought to our notice that on 5th January, 2016  the  learned  Solicitor  General  on  behalf  of  the Government of India had submitted before this Court that requisite quality fuel for BS-IV compliant vehicles would be available (all over the country) with effect from 1st

April, 2017.1 This was confirmed and reiterated by the learned Solicitor General during the course of hearing and he stated that now from 1st April,  2017  requisite quality  fuel  for  BS-IV  compliant  vehicles  would  be available all over the country. He also pointed out that the refineries of the Government of India had incurred an

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M.C. Mehta v. Union of India, (2016) 4 SCC 269

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expenditure  of  about  Rs.30,000  crores  for  producing requisite fuel for BS-IV compliant vehicles.    

On balance, in our opinion, the submission of the learned  Amicus deserves to be accepted keeping in mind the  potential  health  hazard  of  such  vehicles  being introduced on the road affecting millions of our people in the country. The number of such vehicles may be small compared to the overall number of vehicles in the country but the health of the people is far, far more important than the commercial interests of the manufacturers or the loss that they are likely to suffer in respect of the so-called  small  number  of  such  vehicles.  The manufacturers  of  such  vehicles  were  fully  aware  that eventually from 1st April, 2017 they would be required to manufacture only BS-IV compliant vehicles but for reasons that are not clear, they chose to sit back and declined to take sufficient pro-active steps.   

Accordingly, for detailed reasons that will follow, we direct that: (a) On and from 1st April, 2017 such vehicles that are not BS-IV compliant shall not be sold in India by any manufacturer or dealer, that is to say that such vehicles whether  two  wheeler,  three  wheeler,  four  wheeler  or commercial  vehicles  will  not  be  sold  in  India  by  any manufacturer or dealer on and from 1st April, 2017.  (b) All  the  vehicle  registering  authorities  under the  Motor  Vehicles  Act,  1988  are  prohibited  for

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registering such vehicles on and from 1st April, 2017 that do not meet BS-IV emission standards, except on proof that such a vehicle has already been sold on or before 31st March, 2017.

As mentioned above, detailed reasons for the above order will be given in due course.   

 .............................J.

 (MADAN B. LOKUR)

.............................J.   (DEEPAK GUPTA)

NEW DELHI MARCH 29, 2017