Dalveer Bhandari, J.

(1) 'The petitioner is a public spirited Advocate of this court and a resident of Delhi, who is vitally concerned with the safety and well-being of the people of Delhi, has filed this petition.

(2) ACCORDING to the petitioner, it became imperative for him to file this petition because the newly-introduced Red line bus service has create havoc for the people living in the capital city of Delhi. It is alleged in the petition that a fleet of 3000 Red Line buses was introduced to cope up with the demand of transportation of the population of Delhi. The petitioner has mentioned that before granting permits to about 3000 buses, no scientific study was undertaken, the Government had no basis, data, professional study for introduction of the Red line bus system, it lacked all reasonable analysis in regard to sense of traffic, the capacity of the buses which could be taken by roads in Delhi, the interest of passengers and pedestrians and public at large was completely ignored in regard to traveling, safety and environment, and there is no sound or rational basis of dumping 3000 buses on Delhi roads without properly considering the relevant factors and parameters, designed for public safety and welfare. The petitioner has alleged that though ostensibly a fleet of 3000 buses was introduced for public convenience and interest but the same is proving counter-productive. It is also submitted that because of rash, negligent and reckless driving, large number of fatal accidents and minor accidents have taken place. In a short span of about 9 months, more than 100 persons have been killed and several hundreds injured by the drivers of Red line bus service.

(3) THIS averment of the petitioner is corroborated by the affidavit of Shri Satish Mathur, Secretary, State Transport Authority, Delhi Administration, Delhi, filed in this court in which it is mentioned that,

"number of complaints were being received against these Red line operators. A special drive was launched in April, 1993 for six weeks to check the erring buses on the road and about 6500 challans were issued on account of over-speeding, violations of speed governors etc. drivers not wearing uniforms and not in possession of driving licence, badges and unauthorised writing on the buses etc. 1142 buses were temporarily impounded on violation of speed governors. Another fresh drive has been launched on 14. 6. 1993 to check whether the buses had installed speed governors, they did not operative outside the prescribed. Routes, the drivers were wearing uniforms while driving and to ensure that nothing except the route numbers were written on the buses so that uniformity in the service is maintained."

(4) THE petitioner has filed additional affidavit in which he indicated that the Red line buses are operating in most irresponsible manner as the drivers and other staff are obtained from driver mandis on relatively low salary and wages. He further mentioned that there are driver mandis at ISBT, Uttam Nagar, Hari Nagar and in Shahdara, where unqualified and inexperienced persons, who have managed to get licences without knowing proper driving or persons who have been terminated from their earlier services on account of their misconduct, reckless or negligent driving, have been engaged by Red line bus service. These drivers are made to drive the vehicles for very long hours and they are making profits at the cost of public welfare, safety and convenience.

(5) THE petitioner has also alleged that driving licences have been given to those who are under-aged persons with manipulation of record. They neither have driving sense nor the road sense. Some of them are not even medically fit to drive the vehicles.

(6) LIKE the drivers, the conductors are also not educated and do not have requisite training and they are also nor aware of their duties and obligations. Drivers and conductors do not wear uniform.

(7) ACCORDING to the petitioner, the number of Red line buses on the road are disproportionate to the load of traffic which the Delhi roads are equipped to take as per the basic traffic rules and provisions of the Motor Vehicle Act.

(8) THE petitioner has alleged that the basic purpose of providing increased number of buses was to ensure bus service at regular intervals and to avoid risk of overloading buses. However, this purpose is sought to be achieved at the cost of public safety and welfare. It is alleged that the sole motive of the said bus service is profit making and in order to achieve that object, they recklessly overtake every vehicle merely to be the first to reach the stop before the next bus and in the process sometimes they cause accidents by reckless driving which includes stopping anywhere and everywhere. Since the driver and other staff is not properly trained, therefore, they jump red lights and rarely drive in traffic lanes, meant for such buses. The main problem with these buses is over-speeding. Their speed is directly violative of the provisions of section 71 and as provided in Delhi, speed of vehicle cannot be more than 40 K. M. per hour, while they drive at the speed of 60 to 80 K. M. per hour.

(9) THE petitioner has also drawn our attention to the fact that these buses are major source of Pollution created by vehicles on Delhi roads. Majority of these buses have not obtained Pollution control certificates issued by Delhi Administration. Some of the buses are over-aged and not properly maintained which also leads to pollution. The parameters provided by I. S. I. standards are and adhered to. The petitioner in his additional affidavit has mentioned that there are serious threats of causing 100% air pollution in Delhi because the same has already touched high limits. He has referred to studies conducted by the World Health Organisation for cities like Bombay, Calcutta and Delhi, and referred to a publication by Centre for Science and Environment New Delhi, in March 1993 issue of the magazine "down to Earth", which mentions that it is clear that if the pollution from automobiles is not controlled, it may result in complete non-availability of fresh air to the people of Delhi.

(10) IN reply to the petition, affidavits have been filed by Satish Mathur, Secretary, State Transport Authority on behalf of respondents 3 to 6 and by Mr. P. Vijayan, Director of Ministry of Surface Transport, New Delhi, on behalf of respondent no. 1. The fact of large number of fatal accidents which have taken place by the Red line buses has not been denied though DTC and other buses have also been involved in large number of fatal and other accidents. Mr. Vijayan in his counter-affidavit has mentioned that because of the introduction of Red line bus service: i) waiting period has been reduced from more than 30 minutes to 5 - 10 minutes; ii) the congestion in the buses has considerably reduced thereby making the journey of the commuters comfortable. iii) me pollution level in the city has gone down by 15% due to decreased use of personalised modes of transport especially two-wheelers. iv) due to lesser use of personalised modes of transport like two wheelers, the petrol consumption has also gone down.

(11) THE affidavit which has been submitted on behalf of respondents 3 to 6 also indicates that large number of challans have been filed against Red line bus service driver for over speeding, violation of speed governor, etc.

(12) AN application (C. M. no. 5460/93) for impleadment has been filed on behalf of Red line Bus (STA) Operators Welfare Association (North Zone) on 21st July, 1993. In this application, they have asked for modification of the directions given by this court. Another application (C. M. 5615/93) has been filed on behalf of Ex-Servicemen Bus Service Association, on 24th July, 1993. On the request of the court, Mr. P. Vijayan, Director of Ministry of Surface Transport, Mr. Maxwell Pareira, D. C. P. (Traffic) and Dr. Sengupta, Senior Scientist and Dr. Dutta, Scientist from Pollution Control Board, appeared before us.

(13) WE have heard learned counsel and perused the petition and various counter-affidavits and applications for impleadments filed by the respondents. Mr. Swatantra Kumar, learned counsel for the petitioner submitted that level of pollution can be brought down considerably if C. N. G. conversion kit is introduced as it has been introduced in Madras and has given very favourable results. Mr. Lokur and other learned counsel appearing for the respondents prayed for sometime to suggest us as to what effective measures can be taken to reduce pollution by heavy vehicles. Mr. Lokur also has undertaken to make submissions on the feasibility of installation of C. N. G. kits.

(14) THE various issues which have been raised in the petition very vitally affect the public safety and welfare particularly of the citizens of capital city of Delhi. Therefore, immediate directions in the larger public interest and welfare have become absolutely imperative. Since on the request of learned counsel, we are adjourning the matter for further arguments and directions, we deem it appropriate to give following interim directions : 1. Speed-governors to be installed in all buses plying in Delhi, Le. Red line, Blue line, Green line, White line, DTC buses and other private buses, including Mini buses on or before 30th September, 1993. 2. All buses normally plying on Delhi roads must obtain "pollution Control Certificate" on or before 30th September, 1993. The certificates be affixed on the wind-screen of the buses. The certificate shall be renewed after every three months. 3. Each bus shall carry First-Aid Box at least containing (Cotton, Bandage, Loukoplast, a small Scissors, and Airway for breathing). 4. The drivers and conductors must be in proper uniform with name-badge. 5. All buses shall have certificate of fitness on or before 30th September, 1993. 6. Five-days Refreshing course (as indicated in the affidavit of respondent no. 2) is made compulsory for all drivers and conductors deployed on all buses. The respondents to ensure proper facilities of this course for expeditious training of drivers and conductors. Proficiency test for all drivers of heavy vehicles is hereby made mandatory and each driver must undergo proficiency test at the Government Motor Driving Training School at Loni Road, Delhi. 7. The respondents to ensure that all drivers undertake this test as early as possible. 8. Enforcement Wing of the Transport Department and other concerned authorities are directed to conduct random checking to ensure proper compliance of the directions of this court.

(15) THE directions given by Court must be given full publicity for the benefit of all concerned to ensure total compliance of these directions and no bus owner, driver or conductor may plead ignorance of the same.

(16) LET this matter be listed for further directions on 11 th October, 1993.