IMPORTANT POINT
Health of the people cannot be compromised, even in the smallest measure.

Headnote:(a) Environmental law – Standard of vehicular emission – Rule 115, Motor vehicles Rules, Central Motor Vehicles Rules, 1989 – Government switching over to BS IV norms from April 1, 2017 – Permitting sale and registration of BS IV non-compliant vehicles till ‘accumulated stock’ is exhausted – Intention was not to permit the manufacturers to continue manufacturing non-compliant vehicles and then depend on grace for the disposal of accumulated stock – By so permitting Government was not abandoning switch over to BS IV norms. (Para 19)
       (b) Environmental law – Air pollution – Government ensuring availability of BS IV fuels all over the country by 1st April, 2017 – Pro active support to reduction of vehicular pollution by controlling the emission norms and complying with the Bharat Stage standards – Auto fuel policy and the Report of the Expert Committee. (Para 25)
       (c) Environmental law – Air pollution – Registration of BS III compliant vehicles – BS III compliant vehicles purchased bona fide on or before 31st March, 2017 – Permitted, on proof of bona fide purchase, to be registered from 1st April, 2017. (Para 35)
       (d) Environmental law – Air pollution – Registration of BS III compliant vehicles – Sale of BS III compliant vehicles manufactured on or before 31st March, 2017 from 1st April, 2017 onwards – Vehicles manufacturing industry having more than five years to switch over to BS IV norms but it did not – Entirely for commercial benefits and to avoid the cost of upgrading available technology. (Para 44, 45)
       (e) Environmental law – Air pollution – BS III compliant vehicles – Health of the people cannot be compromised, even in the smallest measure. (Para 47)
       (f) Interpretation – Government notification and communication – Must be read cumulatively – In a purposive manner – With the objective of enhancing or protecting further deterioration of the quality of the air from a continuing and continuous onslaught of pollutants – Office memorandum dated 3rd March, 2015. (Para 53, 56)
       Facts of the case:
       This case relates to motor vehicular emissions and enforcement of BS IV standard.
       On 29th March, 2017 the Court prohibited sale and registration of motor vehicles not conforming to BS IV from April 1 2017; reasons to be given later.
       The reasons are given now.
       Finding of the Court:
       Health of the people cannot be compromised, even in the smallest measure.
       Result: I.A. No. 494 of 2017 filed by the learned Amicus and I.A. No. 487 of 2017 by Bajaj Auto Limited allowed.

JUDGMENT

Madan B. Lokur, J.

1. We had heard I.A. No. 494 of 2017 along with other I.As and had passed an order on 29th March, 2017. The operative portion of 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 any manufacturer or dealer on and from 1st April, 2017.

(b) All the vehicle 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 emission standards, except on proof that such a vehicle has already been sold on or before 31st March, 2017.”

2. We now give our reasons for the above order.

Recent history

3. Sometime in 2003 the National Auto Fuel Policy was announced by the Government of India for the implementation of Bharat Stage norms for vehicular emissions. This Policy was based on the recommendations of the Mashelkar Committee constituted in 2001. It is not necessary to detail the Policy except to say that it provides a road map for achieving vehicular emission norms over a period of time and the corresponding fuel quality upgradation requirements. A road map for vehicular emission norms for new vehicles was drawn up and those cities facing serious pollution levels were brought under a separate road map for quicker adoption of emission norms.

4. In the process of implementing the Bharat Stage vehicular emission norms, or the BS norms for short, a few communications were issued concerning the registration of motor vehicles. Our attention was first drawn to a communication dated 23rd March, 2005 issued by the Ministry of Shipping, Road Transport and Highways of the Government of India which related to the registration of motor vehicles from 1st April, 2005. This was in the context of the introduction of BS-III compliant vehicles in the cities of Delhi, Ahmedabad, Bangalore, Mumbai, Pune and Kolkata. The communication clarified that only BS-III compliant vehicles manufactured on or after 1st April, 2005 could be registered in these cities. However, BS-I and BS-II compliant vehicles could be registered in the rest of the areas of the States and also in these cities for some time till the accumulated stock is exhausted.

5. The relevant extract of the communication dated 23rd March, 2005 stated as follows:

“It is clarified that the gazette notifications in this regard clearly mention that these norms shall be applicable to only vehicles manufactured on or after 1st April, 2005. Bharat Stage II and Bharat Stage I compliant vehicles manufactured prior to this date would, therefore, be eligible for registration in the above named cities and rest of the areas of the States respectively for sometime after 1st April, 2005 till the accumulated stock is exhausted.”

6. If we examine the text, it is not very clear how long after 1st April, 2005 would the registration of BS-I and BS-II compliant vehicles be permitted except that it would be till the accumulated stock is exhausted, that is for an indefinite period. Nothing of value can be derived from this communication but it is referred to only since learned counsel for the manufacturers and dealers of motor vehicles (for short the interveners) suggested that notifications that amend the Central Motor Vehicles Rules, 1989 and communications issued in the context of BS-IV compliant vehicles, which are the subject matter of the present discussion, should be similarly interpreted while learned Amicus submitted that we should look to the purpose of the National Auto Fuel Policy as also the overall objective in introducing Bharat Stage emission norms.

7. A second communication b

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2017 Supreme(SC) 349

SUPREME COURT OF INDIAMadan B. Lokur, Deepak Gupta, JJ.M.C.MEHTA – PETITIONERVERSUS UNION OF INDIA & ORS. – RESPONDENTSI.A.NO. 487/2017, I.A. NO. 491/2017, I.A. NO. 494/2017, I.A. NO. 489/2017 AND I.A. NO. 495/2017 in Writ Petition (Civil) No.13029/1985Decided On : 13-04-2017

IMPORTANT POINT Health of the people cannot be compromised, even in the smallest measure.

SUPREME COURT OF INDIA
Madan B. Lokur, Deepak Gupta, JJ.
M.C.MEHTA – PETITIONER
VERSUS
UNION OF INDIA & ORS. – RESPONDENTS
I.A.NO. 487/2017, I.A. NO. 491/2017, I.A. NO. 494/2017, I.A. NO. 489/2017 AND I.A. NO. 495/2017 in Writ Petition (Civil) No.13029/1985
Decided On : 13-04-2017

IMPORTANT POINT
Health of the people cannot be compromised, even in the smallest measure.