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 PollutionControl Authority (EPCA) to scrutinize the pending cases and submit a report to this Court so that a common order could be passed.
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. 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.
1
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
O R D E R
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
Department of GNCTD be directed to register 20 number of
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 CEVTREM 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
Vehicles
Engine No. Chassis No.
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
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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
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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
