Dalveer Bhandari, J. - (1.) LEAVE granted.
(2.) THE appellant Bharat Petroleum Corporation Limited has filed this appeal against the judgment of the High Court of Delhi passed in writ petition No.5532 of 2007 dated 29th October, 2007. It is imperative to evaluate the historical perspective in order to properly appreciate main issue involved in this case. The notification no.GSR 686 (E) dated 20th October, 2004 is in issue by which sub-rule (14) was inserted in Rule 115 of the Central Motor Vehicles Rules, 1989. This sub-rule prescribed the mass emission standards (Bharat Stage-III which is popularly called Euro-III)) for four wheeled vehicles. This notification was based on the judgment of this court in M.C. Mehta v. Union of India and Others (1998) 6 SCC 63. The relevant portion of the notification dated 20th October, 2004 reads as under:- "(1) These rules may be called the Central Motor Vehicles (Fourth Amendment) Rules, 2004. (2) They shall come into force- (a) in the National Capital Region and the cities of Mumbai, Kolkata, Chennai, Bangalore, Hyderabad including Secunderabad, Ahmedabad, Pune, Surat, Kanpur and Agra in respect of four wheeled vehicles manufactured on and from 1st April, 2005 except in respect of four wheeled transport vehicles plying on Inter-State Permits or National Permits or All India Tourist Permits within the jurisdiction of these cities; and (b) In other areas of the country, from such date as may be notified by the Central Government. Explanation.- In this sub-rule "National Capital Region" shall have the same meaning as assigned to it in clause (f) of section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985)." According to the appellant, the notification dated 20.10.2004 makes it abundantly clear that the four- wheeled transport vehicles manufactured on and from 1.4.2005, except in respect of four wheeled vehicles plying on Inter-State Permits or on the National Permits or All India Tourist Permits within the jurisdiction of the National Capital Region and certain other selected cities, would be permitted to ply only if they have Bharat Stage- III certificate. In other words, it became mandatory for all the vehicles manufactured after 31.3.2005 to obtain Bharat Stage-III certificate.
(3.) IN M.C. Mehta (supra), this court realizing the urgency and importance of protection and improvement of the environment directed the authorities to take urgent steps to tackle the acute problem of vehicular pollution in Delhi. The court was distressed at the apathy of the State Administration when according to the white Paper published by the Government of INdia, the vehicular pollution contributed 70% of the air pollution as compared to 20% in 1970. IN the said white paper, a deadline of 1.4.1998 had been proposed for implementation of major actions. No concrete steps were taken. It may be pertinent to mention that the authority headed by Shri Bhure Lal proposed certain measures for immediate improvement of air quality and had given a time-frame but those important recommendations of the Committee were not implemented. The Bhure Lal Committee also proposed the following measures within the time-frame in its action-take report filed in this court: JUDGEMENT_335_JT12_2009Html1.htm This court approved the directions given and the time-frame fixed by Shri Bhure Lal Committee. The court directed that the committee's recommendation shall be strictly adhered to by all the authorities who shall also take effective and adequate steps to tackle the problem of vehicular pollution.;