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2017 Supreme(SC) 290

MADAN B.LOKUR, DEEPAK GUPTA
M. C. MEHTA – Appellant
Versus
UNION OF INDIA – Respondent


ORDER

1. We have heard the learned Solicitor General, learned Amicus Curiae, learned counsel for the interveners who are manufacturers of vehicles (two wheelers, three wheelers, four wheelers and commercial vehicles – for short referred to as ‘such vehicles’) and learned counsel for the association of dealers of such vehicles.

2. The seminal issue in these applications is whether the sale and registration and therefore the commercial interests of manufacturers and dealers of such vehicles that do not meet the Bharat Stage-IV (for short 'BS-IV') emission standards as on 1st April, 2017 takes primacy over the health hazard due to increased air pollution of millions of our country men and women. The answer is quite obvious.

3. The controversy relates to the sale and registration (on and after 1st April, 2017) of such vehicles lying in stock with the manufacturers and dealers that meet the Bharat Stage III emission standards (for short BS-III standards) but do not meet the BS-IV emission standards.

4. Briefly, according to the manufacturers, they are entitled to manufacture such vehicles till 31st March, 2017 and they have done so. In so doing, they say that they have not violated any pro







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