M.
Purushothaman v. Union of India, AIR 1993 Ker 297.
K.T.Thomas,
J.
This
petition focuses attention on the consequences of air pollution created
through uncontrolled and unmitigated automobile spitting and hence prays
fro appropriate directions to be issued to officials concerned for enforcing
the statutory measures.
This
writ petition was filed alleging unbearable and polluted air being caused
on the public roads in Kerala, its harmful effects and prayed for issue
of directions to the concerned officials to enforce the established environmental
statutory measures. The government submitted a report listing out measures
undertaken to tackle the problems stated in the plaint. The Court also
directed the setting up of a Committee to look into the matter. Later
the Committee submitted a report with recommendations.
The
Court held that automobiles could be ranked as one of the chief sources
of air pollution. The Court considered the work of the Environmental Protection
Agency, in the US which has developed standards for restricting pollution
caused by new vehicles. It then looked at the Central Motor Vehicles Rules,
1989 which takes its cue from the Air (Prevention of Pollution) Act, 1981.
The various rules seek to restrict pollution. The state government had
not implemented the measures to reduce pollution as it apprehended that
the Central government was going to amend the Rules. The Court criticized
this lethargy on the part of the state.
The
Court gave the following directions:1) The State Government must provide
at least one smoke meter and gas analyzer
in every District Center.
- Such equipment should be provided at other places at the earliest too.
- The state should issue directions that all vehicles to be registered must comply with
Sec. 20 of the Air Act.
- State must ensure compliance with Rule 116 of the Central Motor Vehicles Rules.
- At the end of 3 months a report must be filed in Court on the implementation of R. 116.
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