ition No 13029 of 1985
Under Articles 32 of the Constitution of India
Petitioner in person
Altaf Ahmed Additional Solicitor General  Sri Narain Mathur R Mohan Ms Anil Katiyar Ms Sushma Suri K Swamy RK Maheshwari and SM Ashri for the Respondents
The Judgement of the Court was delivered by
RANGANATH MISRA CJ
This is an application under Article 32 of the Constitution in the public interest litigation sector
A practising advocate who is the Chairman of the Environment Protection Cell operating at Delhi is the petioner
This Court has been asked to issue directions for closing down of hazardous industries located in the densely populated areas of Delhi and for regulation of air pollution caused by automobiles operating in the area as also the thermal units generating power for the Delhi Electric Supply Undertaking here after referred to as DESU 
The Union Territory of Delhi has a total population of about 96 868 lakhs out of which the urban area consisting of old Delhi New Delhi and the Cantonment has a population of around 90 lakhs
By 1947 when the country became independent Delhi had a population of a little over 5 lakhs
In these little more than two scores of years the population has thus multiplied by 18 times
Though it is a spread out city in some pockets the density of population is very high and these have become congested
The problem of environmental pollution is global in a increasingly small world and concerns all countries irrespective of their size level of development or ideology
Notwithstanding political division of the world into national units the oceanic world in an inter connected whole the winds that blow over the countries are also one
Pollution is capable of moving from continent to continent
If USSR carries out a nuclear test the fall out may be carried by the winds to any part of the world and such fall out or irresponsible disposal of radio active waste from a remote energy plant in one country may turn out to have greater adverse effect on the neighbouring countries that the danger of full fledged war
Informed public mind is already agitated over the polluting effect of the Gulf War and the common concern of the entire homosapien race is obsessed by the apprehension of acid rain toxic effect on the seas and even on the atmosphere
The awareness of interaction of man with his environment is of recent origin
The Declaration of the United Nations Conference on the Human Environment held in Stockholm in June 1972 stated Man is both creature and moulder of his environment which gives him physical sustenance and affords him the opportunity for intellectual moral social and spiritual growth
In the long and tortuous evolution of the human race on this planet a stage has been reached when through rapid acceleration of science and technology man has acquired the power to transform his environment in countless ways and on an unprecedented scale
Both aspects of man s environment the natural and the man made are essential to his well being and to the enjoyment of basic human rights even of life itself Principle No 1 of the same Declaration went on to say Man has the fundamental right to freedom equality and adequate conditions of life in an environment of a quality 869 that permits a life of dignity and well being and he bears solemn responsibility to protect and improve the environment for present and future generations 
The closeness of the undeveloped and under developed communities to nature is not found in the developed ones
Our ancestors had realised the importance of the tie between man and his environment
The Samaveda note that Flute of Divine love by saying Listen to the melodious music of the divine poet
He plays upon the flute of love the notes soar to high heaven and reach the distant stars and dance on the raging waves of the sea The earth the seas the sky the stars are all woven together by the soft strains of the divine music
Its vibrants echo through the corridors of time in the endless canopy of the sky Norman Myers quoted in Sir Edmond Hillary s Ecology 2000  has rightly observed  The fate of African environments is thus determined not only by local circumstances
It is influenced in part at least by the lifestyles of the developed world
These economic ecological linkages between different members of the international community are little recognized to date but they represent a significant factor for land use patterns in Africa s Savannahs
Our Constitution by the Forty Second Amendment introduced Article 48A as also Article 51A into the Constitution
these Articles provide 48A The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country 51A It shall be the duty of every citizen of India g to protect and improve the natural environment including forests rivers and wild life and to have compassion for living creatures
 870 The incorporation of protection of environment as an obligation of the State in the Directive Principles and the mandate in Article 51 A to the citizens of India as part of fundamental duty are indications of the Constitutional recognition of importance of environment on life both the flora and the fauna
Ours is a great country territorywise from the stand point of population as also legacy wise
Though politically divided into many States throughout the ages it has been bound by a common culture short lived empires have grown up and Delhi became the capital of such empires of the north
Delhi was the capital of the Mughals too but the Britishers had in the initial period Calcutta as their capital and it was only 1911 that the Indian capital of the British empire was shifted from Calcutta to Delhi
With the growth of importance of Delhi on the outskirts of the then city gradually industries developed
Lack of vision and inadequate statesmanship allowed many of these industries to grow perilously close to human habitation and in the process of expansion of the city with the growth of population and activity the industrial belt became a part of the city
Hindustan Insecticides Limited which is respondent No 6 before us is one of such industries DESU has three generating units One known as the indraprastha Power Station the other as the GT Power Stations and the third as the RPR Power Station
These too are located within the densely populated area
The Delhi Transport Corporation hereafter DTC which provides the public transport facility to the residents of Delhi operates thousands of buses has been impleaded as respondent No 5 on the allegation that it is one of the notorious polluting agencies
A monitoring Committee on ambient and automotive emission levels was set up for examining the impact of surface transport on air environment of Delhi at the instance of the Director of Transport Delhi Administration
The facts and figures available from the report may briefly be indicated
As on March 31 1982
Delhi had a total number of 592584 vehicles of which 65 were two wheelers 35 were three wheelers 25 cars jeeps and other medium size vehicles and 15 were buses and the remaining 7 were goods carriers
The affidavit of the Deputy Director of Transport of the Delhi Administration indicates that the vehicular population of 1990 is 135 lakhs
This means that within about 8 years there has been an increase of about 8 lakhs of vehicles in Delhi which would work out to an addition of 871 about 1 lakh every year
The proportion of the two wheelers has perhaps not been seriously disturbed
Though the Deputy director of Transport has indicated that the automobiles contribute about 50 of the polluting factor there is material to suggest that the proportion is still higher
Two wheelers and three wheelers contribute over sixty percent of the total emission of carbon monoxide and about eighty percent of the total hydrocarbons
To meet the challenging task of controlling pollution Air Prevention and Control of Pollution Act 1981 has been enacted
Respondent 3 is the Central Board set up under the Act
The statute authorise Government in consultation with the Board to instruct the Transport Authorities for developing expertise by taking vehicular pollution survey covering all ramifications
The Union Territory of Delhi was chosen on selective basis because it maintains the highest traffic volume
Under the Motor Vehicles Act of 1989 certain provision have been made for regulating emission resulting in pollution
Transport Authorities of the Delhi Administration had placed facts and figures relating to steps taken under the Act for regulating pollution
Emission checking
prosecution as also steps for canceling of registration are said to be the normal steps taken by the Administration in this behalf
We were  however not satisfied that the action taken in this behalf was adequate and the challenging task of pollution control could not be successfully dealt with that way
Law alone also cannot help in restoring a balance in the biospheric disturbance
Nor can funds help effectively
The situation requires a clear perception and imaginative planning
It also requires sustained effort and result oriented strategic action
Campaign for general awakening of the people using automobiles of different classifications and among the people inhabiting the capital is indispensable preliminary
All persons using automobiles should have a fair knowledge of the baneful effect on the community including those who use such vehicles on account of the emission from such vehicles
Until that is done in an effective way the appropriate attitude would not develop and cooperation for reducing pollution would not emerge
A brief extract from the journal entitled Environmetal Policy  law  vol
13 nos
1 2 Spring 1983 published from North Holland describes the problem thus 872 It became clear that all these measures are not themselves sufficient to come to grips with the problem of air pollution caused by road traffic
In every one of the towns and cities the problem of air pollution from motor vehicle traffic is a considerable one and it was more or less generally apparent that present norms for motor vehicle exhausts are not adequate so as to achieve the necessary reductions in a rapid space of time
In fact the problem is in part on the increase
This is not only true of private cars especially diesel powered vehicles but also of commercial vehicles   Despite the legal and other restrictions mentioned above which hamper the towns and cities involved in pursuing effective policies aimed at limiting motor vehicle exhausts some interesting strategies have been thought up which have either led to improvements in themselves or at least stimulated attitudes towards environmental policies
For example in formulating their regulations in the event of smog both Munich and Berlin offered positive stimulus for the purchase of vehicles fitted with catalytic converters
As far as city owned motor vehicles are concerned some authorities have pursued a deliberate policy of purchasing those automobiles with improved exhaust systems
 In course of the hearing of this matter we had called upon counsel to look at the problem not as an adversial litigation but to come forward with useful deliberations so that something concreate could finally emerge for easing the situation
We were shown some literature and even gadgets which might help reduction of pollution
The question of eliminating use of motor spirit and replacement of battery operated two wheelers was also mooted
The Association of Indian Automobile Manufacturers had made an application for intervention and was present in Court
Some of the aspects which came up for discussion were indeed sufficiently technical
Some other aspects require laboratory testing and probe into efficacy
Therefore the question of setting up of a high powered committee was also mooted
We are happy to find that the deliberations in course of the hearing have taken a concreate shape and the Ministry of Environment  Forests has ultimately instructed the learned Attorney General in writing copy placed on the record that a Committee could be set up by the Court to look into the problem of vehicular pollution in Delhi 873 and for devising methods of solution of the problem
The Ministry has agreed that a retired Judge of this Court could act as Chairman and has suggested that Shri MC Mehta the petitioner herein and Shri
NS Tiwana Chairman of he Central Pollution Control Board may be made the Members of the Committee
We find this suggestion of the Ministry acceptable subject to certain modification
We are inclined to take the view that Shri Sudhakar Girdharlal Shah representing the Association of Indian Automobile Manufacturers could be taken as a member of the Committee and the Committee would also have the power to co opt experts not exceeding three for its efficient working from time to time
Shri Justice KN Saikia who has recently retired as a Judge of this Court is appointed as the Chairman of the Committee with Shri NS Tiwana Shri MC Mehta and Shri
SG Shah as Members
The Joint Secretary in the Ministry of Environment and Forests shall be the convenor Secretary of the Committee
Shri Justice Saikia shall be entitled to all the benefits to which a retired Judge of this Court while called back to duty is entitled
The Committee may be constituted with effect from 18th March 1991 under an appropriate Notification of the Union Government in the relevant Ministry
The terms of reference for the time being as recommended by the Ministry are the following i To make an assessment of the technologies available for vehicular pollution control in the world ii To make an assessment of the current status of technology available in India for controlling vehicular pollution iii To look at the low cost alternatives for operating vehicles at reduced pollution levels in the metropolitan cities of India
iv To examine the feasibility of measures to reduceeliminate pollution from motor vehicles both on short term and long term basis and make appropriate recommendations in this regard v To make specific recommendations on the administrativelegal regulations required for implementing the recommendations in iii above
 For the time being the Committee may proceed to consider these
874 other relevant aspects may be taken into consideration by the Committee
This writ petition shall be deemed to be pending for the purpose of monitoring
The Committee shall furnish a report to this Court once in two months as to the steps taken in the matter
The Union Government and the Delhi Administration are directed to effectively cooperate with the Committee for its successful operation
VPR Petition pending for monitoring


Summary:
The petitioner a Head Constable in the Central Reserve Police Force was charge sheeted for negligence in his duty resulting in the escape of two undertrial prisoners who were handed over to him for custody
An enquiry was conducted against the petitioner but later it was cancelled and a fresh enquiry was commenced on the charges that he allowed a Santry to leave the santry post without arranging proper relief resulting in the escape of 2 undertrial prisoners that he did not take immediate action to report the matter to the Head Quarters that he connived the escape of the two undertrial prisoners that he dug up a tunnel to make it appear that the two undertrial prisoners escaped through the tunnel and that he did not hand over the guard duty roster thus preventing its production as evidence
Statement of some witnesses and that of the Petitioner were recorded
Only one defence witness was examined
The Enquiry Officer submitted his report recommending disciplinary proceedings against the petitioner
On the basis of the Report  a dismissal order was passed against the petitioner
The petitioner s appeal against the dismissal order was dismissed by the appellate authority
Revision Petition preferred by him also met the same fate
In the present Writ Petition challenging the dismissal order the 895 petitioner contended that during the relevant time there was absolute shortage of personnel non supply of torch or candle or kerosene and absence of proper arrangements to keep custody of the undertrial prisoners
It was also contended that all the defence witness cited by him were not examined and that the enquiry was mala fide since the earlier enquiry was dropped and he was exonerated
The Respondents contended that no prejudice was caused to the petitioner since full opportunity was afforded to him that the venue of the enquiry was shifted only to avoid unnecessary delay and the petitioner never objected to it during the enquiry
As regards the first enquiry it was contended that since the same was not completed and later cancelled fresh enquiry was ordered and it did not mean that the petitioner was exonerated
Dismissing the Writ Petition this Court HELD 1
It is necessary to examine the scope of Article 32 of the Constitution in this case
Since the two undertrials were entrusted to the custody of the petitioner and they escaped the responsibility was entirely on the petitioner
No doubt he pleaded that the arrangements were inadequate and the two undertrial prisoners took advantage dug a tunnel through which they managed to escape
The Deputy Superintendent of Police who visited the premises inspected the same and made a report in which he clearly observed that there was certainly some negligence in not noticing the activities of the undertrial prisoners and therefore an enquiry was necessary
The Enquiry Officer on the basis of the oral and documentary evidence concluded that the petitioner committed an offence of neglect of duty and that he did not take immediate action to report the matter to the Circle Officer
The statements of PWs 1 3 4 5 6 8 and 9 to show that there was no tunnel at all when they reached the spot on hearing the alarm
It is in the statement of PW 2 that he saw the petitioner digging the tunnel
In view of these clear statements made by the PWs viz the Constables who were on duty alongwith the petitioner when the two undertrial escaped the Enquiry Officer was justified in recommending disciplinary action and no prejudice was caused to the petitioner900D H 901A B Kavalappara Kottarathil Kochunni Moopil Nayar vs The State of Madras and Ors 1959 supp 2 SCR 316 and Smt
Ujjam Bai vs State of Uttar Pradesh 19631 SCR 778 referred to 2
Whether there was non observance of any of the principles of 896 natural justice in a given case and whether the same has resulted in defecting the course of justice and what principles of natural justice should be applied in a given case depends on the facts and circumstances of that case
In the instance case the petitioner has failed to prove that the enquiry is vitiated in any manner whatsoever
902H903A B Tata Oil Mills Co Ltd vs Its Workmen 1964 7Scr 555  State of Uttar Pradesh vs Om Prakash Gupta  State Bank of India vs RK Jain  Ors 1972 1 SCR 755 State of Andhara Pradesh  Orsv
Chitra Venkata Rao 19761SCR 521 AK Kraipak and Ors
vs Union of India and Ors
 1969 2SCC 262 Capt
Harish Uppal vs Union of India and Ors  and Khemchand vs Union of India  referred to
Though the Petitioner s challenge to the dismissal order was negatived by the Court appreciating the mitigating circumstances such as the petitioner s long service of 20 years in which he was performing his duties diligently and bagging medals therefore and that no act of negligence or misconduct was attributed to him earlier the Court observed that if the petitioner marks any representation the authority concerned may consider the question of awarding a lesser sentence