M.C. Mehta vs Union Of India

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 13029 OF 1985

M.C. Mehta .… Petitioner(s)

Versus

Union of India …. Respondent(s)

With CA.No.8187/2019 & CA.Nos.3610­11/2019

ORDER

C.A.Nos.3610­11/2019­New Delhi Municipal Council

1. In this appeal, the appellant New Delhi Municipal

Council is assailing the order dated 18.12.2018 in

OA.No.1047/2018 and the order dated 18.01.2019 passed

on Review Application No.12/2019 in OA.No.1047/2018 by

which the application filed by the appellant seeking

direction to the Transport Authority to register the water

tanker/trucks for essential services was rejected. In the

pending appeal an application in I.A.No.61047/2020 is also

filed by the appellant seeking that the Transport Signature Not Verified Digitally signed by Sanjay Kumar Department of GNCTD be directed to register 20 number of Date: 2020.11.05 14:28:37 IST Reason: WP (C) No.13029/1985 2

BS­IV Compliant Diesel driven water tankers purchased by

the appellant.

C.A.No.8187/2019 ­ Delhi Cantonment Board

2. This appeal is filed by the Delhi Cantonment Board

assailing the order dated 22.07.2019 passed by the NGT in

M.A.No.160/2019, MA.No.167/2019 and MA.No.171/2019

in OA.No.21/2014 dismissing the application filed by the

appellant seeking to direct the Transport Department to

register the water tankers purchased by the appellant which

are BS­IV Compliant diesel vehicles purchased on

31.10.2018.

I.A.No.101010/2020 in WP (C) No.13029/1985

3. This application is filed by the applicant Narbada

Travels seeking directions to the GNCTD to register two

TATA LP vehicles purchased by the applicant prior to

31.03.2020 and are BS­IV compliant.

I.A.No.101018 in WP (C) No.13029/1985

4. This application is filed by the applicant Mrs.

Meenakshi Virmani seeking to direct GNCTD to register the

WP (C) No.13029/1985 3

TATA LPO, 1613 Bus purchased by the applicant prior to

31.03.2020 and is BS­IV compliant.

5. The above appeals and applications seeking such

direction for registration of the vehicles are filed in view of

the restrictions stipulated in the Petition bearing WP(C)

No.13029/1985 titled M.C. Mehta vs. Union of India and

Ors. However, as and when the need for registration of

vehicle arose, applications were filed before this Court.

Since applications seeking registration of three types of

vehicles (a) CNG vehicles (b) BS­IV compliant vehicles and

(c) BS­VI Compliant vehicles, being used for essential

public utility services were made, this Court by the order

dated 18.09.2020 directed the Environment Pollution

Control Authority (EPCA) to scrutinize the pending cases

and submit a report to this Court so that a common order

could be passed.

6. In view of such direction the EPCA has filed its detailed

report No.116 dated 28.09.2020. In the said report the

EPCA has referred to the pending applications inter alia

relating to the appellants herein namely, New Delhi

WP (C) No.13029/1985 4

Municipal Council (CA.No.3610­11/2019 and

IA.No.61047/2020) and Delhi Cantonment Board (C.A.No.

8187/2020). While taking note of the applications, the

EPCA has referred to the details of the vehicles, fuel type,

date of purchase, the details relating to the uploading in

VAHAN Portal for temporary registration/reasons for not

uploading and as to whether or not the CNG/petrol variant

of such vehicles was available at the time of purchase.

Keeping in view the said details and also on taking note of

the various orders passed by the NGT and this Court the

EPCA has made its recommendations, which read as

hereunder:

“Based on these fasts, EPCA would recommend the following directions, which the Hon’ble Supreme Court may consider:

1. BS­IV CNG vehicles may be registered, but only if they have been uploaded in the VAHAN database prior to 31.03.2020 and have got temporary registration.

2. BS­IV diesel light and heavy­duty vehicles used for public utility and essential services, where CNG­petrol variants are not available and which had pending applications before the Hon’ble Supreme Court may be registered as detailed in the list A above and summary below.

WP (C) No.13029/1985 5 BS­IV diesel light­heavy duty vehicles to be allowed registration Public agency Vehicles required for No. 1 New Delhi Municipal Council Water tankers 20 2 North Delhi Municipal Corporation Water tankers/jetting machines 30

3. Delhi Police Travel of police outstation 1 4. Delhi Cantonment Board Water tankers 2 5 I&FC Department/Delhi Govt Ambulance 1

3. BS­III non­road category of vehicles (as per the current applicable emission norm as notified by MoRTH), registered under the category of CEV­ TREM may be permitted to be registered.

4. BS­VI diesel light and heavy­duty vehicles used for public utility and essential services may be permitted to be registered.”

7. Considering the above recommendations and on taking

note of the fact that the water tankers are used for the

public utility and essential services the prayer made in the

appeals bearing C.A.No.3610­11/2019, C.A. No.8187/2019

and the application bearing IA.No.61047/2020 are liable to

be allowed.

IA.No.101010/2020 and 101008/2020 in WP(C) No.13029/1985:

8. As noted above the details of the purchase made by the

applicants in these applications was not a part of the

consideration made by the EPCA and as such is not

contained in the report. However, the yardstick as

WP (C) No.13029/1985 6

applicable to all other cases will have to be made applicable

herein. In that view a perusal of the details indicated in

IA.No.101010/2020 would disclose that the two vehicles

were purchased on 07.03.2020 and 11.03.2020 respectively.

In respect of the two vehicles namely TATA LP909/49WB

and TATA LPO 1613, the date of temporary registration and

the display on the e.Vahan portal is 11.03.2020 and

13.03.2020 respectively.

9. In IA.No.101018/2020 the vehicle TATA LPO 1613 was

purchased on 11.03.2020 and the temporary registration

was on the same date. It is shown in the e.Vahan portal on

13.03.2020. That apart the vehicles involved in these two

applications are CNG variant and BS­IV Compliant. This

Court in the order dated 18.09.2020 had observed that

insofar as CNG vehicles are concerned there cannot be any

valid objection for the registration of the vehicles as the

emission from these vehicles is within the limits and had

directed the vehicles to be registered. Hence both these

applications are liable to be allowed.

I.A.No.108186 OF 2020 in WP(C) No.13029/1985 Indian Oil Skytanking Pvt. Ltd.

WP (C) No.13029/1985 7

10. The applicant M/s Indian Oil Skytanking Private Ltd.

has filed the instant application seeking direction to the

Transport Authority (Govt of NCT of Delhi) to register 3

(Three) BS­IV Hydrant Dispensers to be used for the

purpose of delivering Aviation Turbine Fuel to the aircraft

tanks at Indira Gandhi International Airport, New Delhi.

The details of vehicles are as hereinbelow;

S.No Description of Engine No. Chassis No. Vehicles .

1. Goods Carrier/Truck SLT4GT244880 MBUZT54XGT0251339

2. Goods Carrier/Truck SLT4GT244556 MBUZT54XGT0251052 3 Goods Carrier/Truck SLT4GT244772 MBUZT54XGT0251314

11. The applicant, a Joint Venture Company promoted by

M/s Indian Oil Corporation Ltd. and M/s Skytanking

Holding GmbH, Germany is engaged in the business of

handling Jet Fuel for Airlines on behalf of the suppliers,

Operations and Maintenance of Fuel Farm and into Plane

services for all national and international airlines operating

in Delhi, Mumbai and Bangalore Airports. To engage

themselves in the said business the applicant has

purchased three goods carriers/trucks on 30.08.2018 and

WP (C) No.13029/1985 8

have obtained temporary registration certificates on

30.08.2018. The applicant contends that the National

Green Tribunal had directed conversion of buses, coaches

and other vehicles plying at the airport to CNG fuel within

six months from the order dated 24.11.2017. This Court

while modifying the said order of NGT through its order

dated 06.08.2018 had removed the words “other vehicles”.

In so far as the vehicles purchased by the applicant, it is

pointed out that since they are designed to carry highly

inflammable product, CNG and petrol fuelled engines

cannot be used as per the norms of Government. The said

Hydrant Dispensers are heavy duty vehicles and are diesel

powered engines so that they can generate sufficient torque

for the vehicles to supply required power for its multiple

functions. It is also stated that the sophisticated and costly

equipments are mounted on BS IV compliant ICV of SML

ISUZU Limited. In that light the applicant is seeking

registration of the vehicles.

12. Having taken note of the averments contained in the

application, it is also to be noted that as indicated above

WP (C) No.13029/1985 9

this Court had through its order dated 18.09.2020 directed

the Environment Pollution Control Authority (EPCA) to

submit a report after scrutinizing the pending cases.

Though the said report related to the vehicles purchased

and awaiting registration in respect of certain other public

utility services, the consideration made therein would be

relevant in this case. In that regard, as noted the EPCA,

inter alia has recommended that BS­IV diesel, light and

heavy­duty vehicles used for public utility and essential

services, where CNG petrol variant are not available and

which had pending application before the Supreme Court

may be registered. As noted, though the instant application

was not pending at that stage, the nature of activity of the

applicant is for public utility and essential services.

Peculiar to its nature of activity, no other vehicle can be

used, and the vehicle had been purchased on 30.08.2018,

much prior to the cut­off date. The fact that the vehicles are

used for carrying inflammable product, in which

circumstance a diesel vehicle is to be used cannot be lost

sight of. These vehicles are also BS­IV compliant which was

WP (C) No.13029/1985 10

the norm as on the date of purchase. Hence, an exception

is required to be made.

13. In view of the above:

(1) CA.No.3610­11/2019 and IA.No.61047/2020 are

allowed. The Transport Department GNCTD is

directed to register 20 numbers of BS­IV Compliant

water tankers, the details of which is referred to in

the report dated 28.09.2020 of EPCA

(2) C.A.No.8187/2019 is allowed. The GNCTD is

directed to register two water tanker vehicles, the

details of which is indicated in the report of EPCA.

(3) IA.No.101010 /2020 is allowed. The GNCTD is

directed to register two vehicles detailed in the

application.

(4) IA.No.101018/2020 is allowed. The GNCTD is

directed to register the vehicle detailed in the

application.

(5) I.A.No.108186/2020 is allowed. The GNCTD is

directed to register 3 Diesel BS­IV Commercial

WP (C) No.13029/1985 11

Vehicles of SML ISUZU make detailed in the

application.

(6) No costs.

..…………....................CJI.

(S. A. Bobde)

…..…………....................J. (A. S. Bopanna)

..…..………......................J (V. Ramasubramanian) NOVEMBER 02, 2020 NEW DELHI

WP (C) No.13029/1985