On 1st February 2021, a two-judge bench of the Hon’ble Supreme Court entertained a writ petition regarding matters of Air pollution.
Invoking the Writ jurisdiction by way of Art.32 of the Indian Constitution, Madan Mohan Manocha filed the petition against the Central Pollution Control Board (CPCB). The reliefs sought by him were as follows:
- Asking the court to order CPCB to submit research evidence based on outcomes of necessary tests, performed by any laboratory, government or private, of the efficiency of a Vehicular Mask, which would validate petitioner’s claims.
- If the results of such tests are positive, correct, supportive and helpful in curbing air pollution, then directions should be issued to concerned ministries and authorities to make it mandatory on all automobiles to attach these vehicular masks.
- If the results are positive, then the petitioner should be allowed to add more respondents and amend the petition.
While Hon’ble Justices Dr. D.Y. Chandrachud and Justice M.R. Shah, allowed the petitioner to pursue remedies from appropriate authorities, they dismissed the petition stating that the court would not be justified in entertaining a petition under Art.32 of the Constitution.
“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.”
The petition was thus dismissed.
Story by Sai Kulkarni-Intern