Paragraph numbers below are the court’s original numbering, recovered from the source text.
2. OTC has placed orders for 1880 buses. Some of the CNG buses have already been received by them and are on their fleet. We permit the OTC to run 1880 existing buses including the existing CNG buses which are not more than eight year old till 30th September, 2001. This, however, is subject to the condition that out of these 1880 buses, a full compliment of buses for the schools, namely 860 buses plus the requisite spare buses shall be deployed for school duty. As and when new CNG buses are received by OTC, the existing buses shall be replaced.
3. It is represented on behalf of contract carriage operators of inter- State and tourist buses that the applicants were under the bona fide impression that the expression "city bus fleet" in direction (g) of the order dated 28th July, 1998 was not meant to take within its ambit buses owned by such tour operators as they run mostly on inter-State routes as luxury coaches. Even if that be so, their case would certainly be covered by condition (t) of the order dated 28th July, 1998, which provided that no eight year old buses were to ply except on CNG or other clean fuel after !st April, 2001. Even if, it was bona fide believed that these buses were not to be converted to single fuel mode of CNG, they could not in any case ply except on CNG or other clean fuel, such buses which were not more than 8 years old. Diesel, especially of the type available in India, is not regarded as a clean fuel whereas unleaded petrol with low Benzene content is considered as clean fuel. These bus operators definitely need to comply with the directions given by us on 28th July, 1998 and it is for them to switch over to CNG or other clean fuel.
4. Out of the 6000 contract carriage buses, about 3100 also ply as school buses. We direct that owners of such contract carriage buses, who have already taken steps for replacement of their buses by CNG buses or conver- sion to CNG mode, shall file affidavits giving particulars of the existing buses and details of the orders placed for replacement or conversion to CNG mode before 31st of March, 2001. They shall be permitted to ply their existing buses, equal to the number of existing buses for which steps have been taken to convert or replace to CNG mode, provided the existing buses are not more than 8 years old, Sucli buses shall be permitted to ply till 30th September, 200 I. c c [2001) 2 S.C.R.
5. If any other bus operators, including stage carriage permit holders, have placed or shall place by 31st March, 2001 firm orders for CNG buses or for conversion to CNG mode, they shall also be permitted to operate equal number of their existing buses, which are not more than eight year old till 30th September, 2001, under the control and direction of the transport department subject to their filing undertakings in this Court by way of affidavits giving details of the bnses owned by them, orders placed for conversion/new CNG buses by 31st March, 2001.
6. Owners of other commercial vehicles, including autos, who have placed firm orders for new CNG '!ehicles or for conversion to CNG mode shall also give details on affidavits by 31st March, 2001 about their existing vehicles, as also details of the orders placed by them for new CNG vehicles or for conversion to CNG mode. On these affidavits being filed, they shall also be permitted to operate an equal number of existing commercial vehicles, provided the vehicles are not more than eight year old, till 3Cth September, 200 I.
7. We are of the view that tourists should not be put to avoidable inconvenience. After taking note of the fact that the number of buses owned by operators having All India Tourist Permit is limited, we permit the operators of All India Tourist Permits to ply their existing buses (both air- conditioned and others), which are not eight year old, till 30th September, 2001. They shall, however, give details of such buses and also file an undertaking before 31.3.2001, agreeing to replace their fleet to ply either on CNG or other clean fuel by 30th September, 2001.
8. We direct that after !st April, 2001, no commercial vehicle will be registered in Delhi which does not conform to the order dated 28th July, 1998.
9. The transport department shall take steps to ensure that there is no misuse or abuse of the relaxations given by us above.
10. We, reiterate that except for the relaxation given above, no other commercial vehicles shall ply in Delhi unless converted to single fuel mode of CNG with effect from !st April, 2001. During the course of arguments, it was contended before us that low sulphur diesel should be regarded as a clean fuel and buses be permitted to M.C. MEHTA v. U.O.I. run on that. It was submitted that in some other countries ultra low sulphur diesel which has sulphur content of not more 0.001 per cent is now available. We direct the Bhure Lal Committee to examine this question and permit the parties to submit their written representations to the Committee in that behalf. The Committee may submit a report to this Court in that behalf as also indicate as to which fuel can be regarded as "clean fuel", which does not cause pollution or is otherwise injurious to health. Let the report be submitted within one month. T.N.A. Matter is still pending.
