Few environmental litigations have shaped Delhi as profoundly as the 1985 public interest litigation filed by environmental lawyer MC Mehta. Over nearly four decades, the widely known MC Mehta vs Union of India produced a series of landmark interventions that pushed the Capital’s buses to shift to CNG, phased out leaded petrol, led to the creation of the Environment Pollution (Prevention and Control) Authority (EPCA), and more importantly, cannot be used across the NCR.
With the Supreme Court recently disposing of the decades-old matter, HT’s Jasjeev Gandhiok spoke to Mehta about the long journey of the case, the changes he has witnessed in Delhi, and what lies ahead for the Capital’s environmental future. Edited excerpts
It took this case over four decades before it was disposed of. Through it, a number of landmark judgments came, including the shift to CNG, the creation of EPCA and relocation of industries outside Delhi. How does it feel now that the case is over?
It was among my earliest cases and it still feels special. I was telling a young lawyer then and still tell lawyers today that even though environmental laws existed, no one spoke much about the environment. The Air and Water Acts had also come into place, but they were not being implemented enough. I still remember workers from the plant where the Oleum gas leak eventually took place coming to me and saying they couldn’t sleep at night. Gases from the plant in the heart of Delhi would blow with the wind and I filed a petition flagging how dangerous it was.
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The petition was not taken up immediately, but within a few months – and this was soon after the Bhopal Gas Tragedy – a major gas leak occurred at the plant. I ran to the courts that day and asked the registry finally to take up the matter, for the first time. In that case, the principle of absolute liability was applied after around 120 years, and that finally inspired me to do more.
Was it a turning point in your career and the fight against pollution?
I won’t say that, but if you’re filing a case for the public or for the environment, you should be like a disciple so you can show your face to anyone. I can’t say that I’ve done very great work. I only want to say this: I come from a very small town in Rajasthan. I studied the Constitution of India. Among them is the duty of every citizen to protect the environment, rivers and forests. I find that many citizens even know what their duty is. But how many citizens know about it?
If we talk about Delhi’s pollution, quite a few directions have been issued through the years. A number of them have been implemented but many remain pending. A number of issues have been raised over time. What do you feel is the reason?
These days, we have air quality monitoring stations, but pollution levels are still high. This information should come on TV and radio so that even though there have been important judgments, they equally educate people and create awareness about the environment. Our rules exist, but the problem is enforcement – or rather the lack of it. Only citizens can push authorities. It is also the role of the media, civil society and the professionals engaged in this fight. But in the end, because the poor person who does not even have clean drinking water – what will he do?
How do you see Delhi’s future in the next 10 to 20 years in terms of pollution?
According to me, pollution will continue. Until the voter asks questions, leaders will not do anything about pollution. They take votes but talk about it less. I am not with any reform movement, nor with any political party. But ultimately the collective voice of citizens, scientists, doctors and the courts has to count. For every issue, there should be someone responsible. We deserve cleaner air, water and more trees around us.
You also worked a lot on the Ridge. It was declared a notified forest and the Ridge Management Board (RMB) was created too. How do you see the current state of the Delhi Ridge and the neighbouring Aravallis?
Protecting the Aravallis is very important. When the winds blow, they act as a buffer. We all need oxygen, and if you cut down trees, where will you get oxygen from? The Aravallis and the Ridge are crucial for us in that way.
You have also fought vociferously for the Ganga and the Yamuna. Why do you think the rivers are still not clean?
People here worship Yamuna and the water. Why has the situation not changed? The reason is again lack of enforcement and lack of accountability. If agencies become strict and action – like challans – are issued against defaulters, there will be some change. We need accountability and people should be able to hold councillors or MLAs seeking answers. Only then will we see change.