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3.Santosh Kumar Gupta (Petitioner) Vs Secretary, Ministry of Environment (Respondent)

AIR 1998 MP 43

Sub: This case is related to Section 31 A of the Air Pollution (Preven- tion and Control) Act, 1981

Facts of the case: -

1. In this case, two public interest litigation petitions have been filed before the Gwalior Division Bench of the High Court.

2. First petition has been filed with a complaint that vehicles filled with kerosene oil, diesel etc in an Unauthorized manner are being run in Gwalior and its surrounding areas. 

3. It has created polluted environment in and around Gwalior areas and residents are facing health hazards there.

4. In this petition, it was prayed that the Court should issue directions to the Respondents for regular checking of the vehicles and to restricts the number of vehicles and to reduce the pollution level.

5. In the second petiton, it was prayed that the Court should constitute a pollution committee which will check the vehicles so that air pollution may be prevented and controlled.

6. The Government of MP be directed to make available smoke meter, etc. to the checking staff and give directions according to the provisions of the Air Pollution Act.

7. Since, clean air and clean water is the Fundamental Right of the citizens. Therefore, the Court should issue directions to control environmental pollution in the public interest.

High Court :-

The Court has considered that efforts for controlling the air pol- lution created by the vehicles are not sufficient on the part of the State Government and it has issued the following directions --

1. The MP Government should make available at least four smoke meter and one gas analyzer to measure carbon mon- oxide and other polluting gasses being emitted from the motor vehicles plying in the city of Gwalior.

2. The State Government should make available modern equipments to check the carbon monoxide so that it may not take much time in checking.

3. The Inspector General of Police, MP should issue directions to his subordinate officers to implement the ingredients of Rule 16 of the Central Motor Vehicle Rules.

4. The State Government should earmark such roads which may be declared one-way for public vehicles.

5. The Additional Advocate General, Gwalior will obtain a compliance report under Rule 16 from the Chief Secretary, Transport Commissioner and Director General of Police within three months and present it before this Court.

Judgment: The petition is disposed of as per aforesaid directions.

Law points :-

1. Clean environment is the Fundamental Right of every citizen.

2. Regular checking of such vehicles is necessary which are causing pollution, this is the duty of the State.

3. The State Government should issue directions to its different departments to control the pollution by vehicles.


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