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Judgment
This is a letter petition registered on the basis of the letter dated 09.07.2022 sent by one Amit Kumar raising complaint with regard to running of old vehicles in the country but the grievance is that instead of disallowing old vehicles and scrapping thereof, some other policy may be adopted as it is a national loss and scrapping of old vehicles and making new vehicles in place of them is wastage of resources and money for Indian economy.
The issue regarding pollution caused by old petrol and diesel vehicles in NCR was considered by Supreme Court in M.C. Mehta vs. Union of India, (1998) 8SCC 648 (lead fee petrol matter). For protection of environment by making available lead-free petrol supply, directions were issued initially in the above judgment for phasing out old commercial vehicles of more than 15 years old and further directions were issued from time to time including in M.C. Mehta vs. Union of India & Ors., (1998) 8 SCC 206 (in the matter of clean air in Delhi by phasing out old commercial vehicles). Later further order was passed on 16.12.2015 in the above matter. The above orders of Hon’ble Supreme Court also came up before this Tribunal in OA No. 21/2014 in Vardhaman Kaushik Vs. Union of India & Ors. and vide order dated 27.07.2018, this Tribunal said:
“xxx ……………………………xxx……………………………………xxx
However, it has been brought to our notice that out of category of diesel vehicles, private cars and SUVs with the engine capacity of 2000 cc capacity and above which were earlier prohibited by the Hon’ble Supreme Court vide order dated 16.12.2015 in Writ Petition (Civil) No. 13029/1985 in the case of M.C. Mehta Vs. U.O.I. and Ors., were permitted subsequently vide order dated 12.08.2016 subject to certain conditions i.e. upon deposit of 1% of ex-show room price of every diesel car that is sold by any manufacturer/dealer in Delhi & NCR region towards environment protection charge. The order of the Hon’ble Supreme Court dated 16.12.2015 is as follows:
“Having given our anxious consideration to the submissions made at the Bar, we are of the view that the new commercial light duty diesel vehicles can for the present continue being registered in Delhi on account of the dependence of the public on such vehicles for supply of essentials. There is, however, no reason why registration of private cars and SUVs using diesel with an engine capacity of 2000 cc and above should not be banned upto 31st March, 2016.”
Order dated 12.08.2016:
“We accordingly direct that the CPCB shall open a separate account in a Scheduled public sector bank to receive the amount representing 1% of the Ex show room price of every diesel car that is sold by any manufacturer/dealer in Delhi and NCR region. The deposit of the amount alone shall entitle the manufacturer/dealer or the purchaser of the car to have the car registered within Delhi or NCR region. Our order dated 16.12.2015 shall to that extent stand modified. We, however, leave open the question whether cars less than the capacity of 2000 cc using diesel fuel should also be subjected to a similar charge. So also the question whether the rate of the charge ought to be limited 1% or raised is left open to be determined at an appropriate stage. We all the same make it clear that any such enhancement in the charge if so directed by the court would not have any retrospective effect.”
The Hon’ble Supreme Court, thereafter, on 13.04.2017 prohibited the registration of vehicles other than BS-IV compliant sold before 31. 03.2017. Those sold after 01.04.2017 could be registered. However, there is no specific direction that heavy duty commercial diesel vehicles which are BS-IV compliant could be registered. The order is as follows:
“Accordingly, for detailed reasons that will follow, we direct that: (a) On and from 1st April, 2017 such vehicles that are not BS-IV compliant shall not be sold in India by any manufacturer or dealer, that is to say that such vehicles whether two wheeler, three wheeler, four wheeler or commercial vehicles will not be sold in India by the manufacturer or dealer on and from 1st April, 2017.
(b) All the vehicles registering authorities under the Motor Vehicles Act, 1988 are prohibited for registering such vehicles on and from 1st April, 2017 that do not meet BS-IV standards, except on proof that such a vehicle has already been sold on or before 31st March, 2017.”
The effect is that the heavy duty diesel vehicles even if they are BS-IV compliant are not being allowed to be registered which has led to filing of the present applications.
On 30.01.2018, the Tribunal considered the applications of BS-IV compliant new diesel heavy vehicles owners engaged for purpose of essential services and permitted their registration subject to certain conditions. The said order is as follows:
“We, therefore, allow these applications directing the Transport Commissioner, Transport Department, Government of NCT Delhi to register the BS-IV compliant vehicles referred to in the said applications on the following conditions:-
That the new vehicles that are sought to be registered now should be BS-IV compliant.
The Applicant shall file an Affidavit before the Tribunal as well as before RTO that they do not possess or engage any diesel vehicle/truck/tanker which is more than 10 years old for the purpose of transportation.
It is also directed to furnish details of the other vehicles owned by this Applicant in the form of Affidavit.
The said vehicle should be duly maintained and used only for exclusive purpose of carrying petroleum products and providing essential services or as indicated herein and no other use.
It should not increase the width or height of the vehicles and it should be strictly within the specified limit.
All these vehicles will be fitted with GPS.
The log-book shall also be maintained.”
On the above pattern, certain other orders are also said to have been passed. Thus, the parties understand that unless expressly permitted and subject to further conditions mentioned above, other BS-IV compliant diesel vehicles cannot be registered.
On the above basis, we are of the view that applications filed by the owners of BS-IV compliant new diesel vehicles engaged in Ambulance/Fire Services and vehicles engaged for carrying petroleum products/food products/ transportation of municipal solid waste/sewer cleaning equipments/ transporting LPG cylinders and such other essential services etc. will stand allowed on the same conditions as are mentioned in the Tribunal order dated 30.01.2018 reproduced above.
We now come to the applications of owners of diesel vehicles in districts Moradabad, Meerut, Bulandshahar and Muzaffarnagar seeking parity with orders of the Tribunal dated 13.10.2017 passed in OA No. 21/2014 in the case of Vardhaman Kaushik Vs. Union of India & Ors. and connected matters, wherein, the Tribunal permitted the use of the vehicles for 3 years after 10 years on the ground that the time was required for setting up of CNG fuel stations.
Accordingly, we pass same order and direct that the said vehicles will be permitted for the unexpired period of 3 years in the said area and on the same conditions that they will not enter NCT Delhi.
The other applications have been filed seeking permission to continue the use of 10 years old diesel vehicles or registration of new diesel vehicles which are not BS-IV compliant or which are not needed for essential services. Such applications cannot be allowed, since the order of the Tribunal dated 11.12.2015 prohibits diesel vehicles and exception has been made only in the case of vehicles engaged for essential services, pending alternatives being explored.”
Pursuant to the directions issued by Supreme Court in respect of old vehicles, Government of India has already issued a scrapping policy of old vehicles which is not under challenge. In these facts and circumstances, considering the fact that the issue has already been finalized by orders of Supreme Court as well as this Tribunal, and Government of India has also implemented policy in this respect, we do not find occasion to issue any further direction in this application.
Even otherwise violation of policy relating to old vehicles is not an issue within the domain of Sections 14 and 15 of NGT Act, 2010.
The application is accordingly rejected.