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'Whether Particular Device Be Adopted For Curbing Air Pollution Is Policy Matter': SC Dismisses Plea To Mandate 'Vehicular Mask' For All Automobiles

Mehal Jain
1 Feb 2021 2:40 PM GMT
Whether Particular Device Be Adopted For Curbing Air Pollution Is Policy Matter: SC Dismisses Plea To Mandate Vehicular Mask For All Automobiles
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The Supreme Court on Monday dismissed a plea to require the authorities to confirm efficacy of 'Vehicular Masks' in curbing air pollution and subsequently, make it mandatory for all vehicles to incorporate the device. "Whether a particular device should be adopted for controlling air pollution is a matter of policy which lies within the domain of the statutory...

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The Supreme Court on Monday dismissed a plea to require the authorities to confirm efficacy of 'Vehicular Masks' in curbing air pollution and subsequently, make it mandatory for all vehicles to incorporate the device.

"Whether a particular device should be adopted for controlling air pollution is a matter of policy which lies within the domain of the statutory authorities concerned", held the bench headed by Justice D. Y. Chandrachud in dismissing the petition. The bench, however, allowed the petitioner to make an appropriate representation before the competent authorities.

The bench was hearing the plea by one Madan Mohan Manocha, seeking a writ directing the Central Pollution Control Board and the government of India to submit "the robust research evidence-based outcomes. supported by necessary Test and Trails", of Vehicular Mask, from any govt. or privately owned laboratory of their preference and choice.

This was with a view to validate the proposed claims of the petitioner-in-person as regards the helpfulness of the Vehicular Mask to curb air pollution.

In the event the outcome/findings delivered by CPCB/Department of Science and Technology or any other government or privately owned laboratories are positive and convincing, and if the outcomes of "Test and Trail and the robust research-based evidence" are found positive, the petitioner sought that a direction may be issued to concerned Authorities/Ministries etc. to make it mandatory for all vehicles plying at present as well as forthcoming automobiles to incorporate provision to support, mount or affix these Vehicular Masks as early as possible.

"Whether a particular device should be adopted for controlling air pollution is a matter of policy which lies within the domain of the statutory authorities concerned. This Court would not be justified in entertaining a petition under Article 32 of the Constitution", observed the bench.

Granting liberty to the petitioner to pursue appropriate remedies in the form of representation before the competent authorities, the bench dismissed the PIL, noting that it will not give rise any cause of action under Article 32 of the Constitution.


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