Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment - Pollution- Air Pollution - National Auto Fuel Policy 2017 2003- Implementation of Bharat Stage norms for vehicular emissions gradually over a period of time in view vf phenomena/ rise in air pollution -Consequent prvhibitivn on sale and 1'egistrativn of stock of vehicles not compliant with Bharat Stagi-IV emission standards from ]st April |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Environment - Pollution- Air Pollution - National Auto Fuel Policy, 2003- Implementation of Bharat Stage norms for vehicular emissions gradually over a period of time in view of phenomena/ rise in air pollution -Consequent prvhibitivn on sale and registration of stock of vehicles not compliant with Bharat Stage-IV emission standards from 1st April, 2017 - Plea of interveners;manufacturers of such vehicles that they were permitted tu manufacture such vehicles upto 31st March, 2017 and hence may be given reasonable time to dispose of such existing stock - Held: The implementation of National Auto Fuel Policy was gradual - The intent of the Government was clear that with progress in the implementation plan, the sale and registration of vehicles that were not Bharat Stage IV complaint would eventually be prohibited with the cut-off date being ]st April, 2017 - The determination to switch over from Bharat Stage Ill compliant vehicles to Bharat Stage IV compliant vehicles was more than evident - Thus, in view of the history of the last decade leading to the introduction of Bharat Stage norms and their implementation in a phased manner, the automobile industry had, at the very minimum, a five-year warning to consider issues relating to air pollution as a part of its manufacturing activities and revisit its production strategy - But it did not do so - None of the explanations given by interveners-manufacturers justify the failure of automobile· industry to increase the production of Bharat Stage IV compliant vehicles, in spite of sufficient notice of a switch-over - Admittedly, use of Bharat Stage IV auto fuel reduces particulate matter in air by 80% as compared to Bharat Stage Ill auto fuel - The health of millions of country men and women is important and cannot be compromised for the commercial interests of the automobile industry - Art. 21 entitles them to breathe fresh air or at least less A polluted air - Intervention applications by manufacturers, rejected - Constitution of India - Art.21. Interpretation of Statutes- Literal interpretation vis-a-vis purposive interpretation - When - Plea of manufacturers interveners that various notifications issued from time to time should be B interpreted only in a literal manner allowing them to manufacture Bharat Stage Ill compliant vehicles till 31st March, 2017 and therefore, it is unreasonable to expect them to clear the stock of such vehicles on or before 31st March, 2017 - Held: When the health of millions of people in the country is involved, notifications relating to commercial activities ought not to be interpreted in a literal manner - A purposive interpretation needs to be given to notifications that directly concern public health issues having an impact not only in the present but also in the future. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 1278 |
Petitioner | M. C.mehta |
Respondent | Union Of India & Ors. |
SCR | [2017] 6 S.C.R. 686 |
Judgement Date | 2017-04-13 |
Case Number | 13029 |
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