- (1.) An investigative report has been prepared by four law students under the auspices of the Human Rights Law Network, which highlights the serious safety hazards, which are faced by young school going children, who are transported from their homes to Schools in vehicles which are fitted with unauthorized LPG kits. The students have done a commendable amount of research in the course of their fact finding report. Some of the aspects which have been highlighted in the petition are startling. For instance, the report highlights that the LPG kits, which have been fitted, are refilled with home cylinders posing a grave danger to the school going children. In many of the buses, the seats, where the children are seated, are located above the LPG cylinders in violation of the applicable norms. Many of the drivers of the vehicles informed the students that they opt for cheap LPG kits, which are available in the market most of which, are unauthorized. The recommendations, which have been submitted before the Court in the fact finding report, are in the following terms: "The overcrowding in the school vehicles especially in tempos, vans and also trolleys should be strictly checked by the competent authority regularly. The crowding should be checked because it imposes a serious threat on the lives of the small children. The use of unauthorized LPG kits in school vehicles should be banned and its use should also be strictly checked. The use of the cheap kits by the van drivers imposes an imminent threat on the lives of the children. The fact finding team also recommend that the sales of the cheap and old parts of LPG kits should be banned because the seller of these kits does not give any kind of guarantee on the products. The proper security rods, grills, nets, etc. should be there in the vans to ensure the safety of the children. There should be proper fire extinguisher kit in the vehicles for ensuring the safety of the children. Authorised LPG refilling centres should be opened in Allahabad."
(2.) Section 52 (1) of the Motor Vehicles Act, 1988 provides as follows: "52. Alteration in motor vehicle. - (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer. Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits; Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose."
(3.) This Court entertained the petition which was filed in the public interest and on 10 October 2014, requested the District Magistrate, Allahabad and Regional Transport Officer, Allahabad, to cause an enquiry to be made in the matter and to take all such remedial steps as were required. Thereafter in a further order dated 31 October 2014, this Court noted, on the basis of a notification dated 26 July 2011 issued by the State Government, that two agencies have been authorised at Allahabad for the alteration of vehicles to provide for the installation of LPG kits. However, the situation on the ground appears to be that a large number of outlets were selling unauthorised LPG kits, which were installed in vehicles, thereby posing a grave danger both to the occupants of the vehicles and to the persons in the vicinity. Children, who are using such vehicles as school buses, were being subjected to grave danger.;