Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(SC) 990

SUPREME COURT OF INDIA
Madan B. Lokur, Deepak Gupta, JJ.
M.C. Mehta – Petitioner
Versus
Union of India & Ors. – Respondents
I.A. No. 487, 491 of 2017 in Writ Petition(Civil) Nos. 13029 of 1985.
Decided On : 20-03-2017

Advocates Appeared:
For the Petitioner-in-person:Mr. Harish N. Salve, Sr., Advocate(A.C.) Ms. Aparajita Singh, Advocate (A.C.) Mr. A.D.N. Rao, Advocate (A.C.) and Mr. Siddhartha Chowdhury, Advocate (A.C.) (NP).
For the Respondent:Mr. Ranjit Kumar, SG., Mr. S. Wasim A. Qadri, Advocate., Mr. Zaid Ali, Advocate., Mr. G.S. Makker, AOR Bajaj Auto Mr. Kapil Sibal, Sr., Advocate Mr. Mihir Joshi, Advocate Mr. Kaushik Poddar, AOR Hero Motocorp Mr. K.K. Venugopal, Sr., Advocate Mr. Neil Hildreth, Advocate Mr. Rahul Jain, Advocate Mr. Kishore Kunal, AOR Mr. Sparsh Bhargava, Advocate., Mr. Anupam Mishra, Advocate Dr. A.M. Singhvi, Sr., Advocate Mr. Sandeep Narain, Advocate Mr. Avishkar Singhvi, Advocate., for M/s. S. Narain & Co. Mr. Debojit Borkakati, Advocate Mr. Vijay Panjwani, AOR Mr. Gopal Jain, Sr., Advocate Mr. Sandeep Narayan, Advocate Mrs. Nandini Gore, Advocate., Ms. Tahira Karanjawala, Advocate Ms. Natasha Sehrawat, Advocate., Mr. Mandeep Kalra, Advocate Mrs. Manik Karanjawala, Advocate., Ms. Nandini G., Advocate Mr. Mudit Sharma, Advocate., Mr. Vijay Sondhi, Advocate., Cauveri Birbal, Advocate., Mr. Arnav Shamyal, Advocate., Ms. Sujeeta Srivastava, Advocate., Mr. Dhruv Mehta, Advocate., Mr. Kamaldeep Dayal, Advocate., Ms. Garima Prasad, Advocate and Mr. B.V. Gadnis, Adv.

The court's decision was influenced by the need for comprehensive information on BS-III vehicles and the potential impact of a ban on their sale or registration.

Headnote:
BS-III Vehicles - Society of Indian Automobile Manufacturers - The court requested details on stock, manufacturing, and sales of BS-III vehicles and considered a potential ban on sale or registration of such vehicles after a specified date.
Fact of the Case:

The court requested details on stock, manufacturing, and sales of BS-III vehicles and considered a potential ban on sale or registration of such vehicles after a specified date.
Finding of the Court:

The court requested specific details from the Society of Indian Automobile Manufacturers and considered a potential ban on sale or registration of BS-III vehicles after a specified date.
Issues: Request for details on BS-III vehicle stock, manufacturing, and sales, and consideration of a potential ban on sale or registration of such vehicles.
Ratio Decidendi: The court's decision was influenced by the need for comprehensive information on BS-III vehicles and the potential impact of a ban on their sale or registration.
Final Decision: The court issued notice on the applications and requested specific details from the Society of Indian Automobile Manufacturers, while also considering a potential ban on sale or registration of BS-III vehicles after a specified date.

ORDER

Issue notice on both the applications.

2. Before taking a decision on the applications pending before us, i.e., I.As. Nos. 487/2017 and I.A. No.491 of 2017, we would like the Society of Indian Automobile Manufacturers to provide us the following details:

(i) the stock in hand with each of the manufacturers of BS-III two-wheelers, three-wheelers, four-wheelers, trucks and commercial vehicles as on 31st December, 2015.

(ii) thereafter, the details of the quantity of the BS-III vehicles manufactured and sold on a month to month basis from 1st January, 2016 until today.

3. The Society of Indian Automobile Manufacturers will also indicate on affidavit the BS-III unsold vehicles of each manufacturer as on date and the date(s) on which the BS-III vehicles were actually manufactured.

4. The Learned amicus curiae says that he will be moving a formal application that there should not be any sale or registration of BS-III vehicles on or after 1st April, 2017.

5. For the convenience of learned counsel as well as this Court, learned amicus curiae will give a compilation of the relevant notifications as well as the decisions to Dr. Abhishek Manu Singhvi, learned senior counsel for the Association within two days who will in turn pass it on to the members of the Society of Indian Automobile Manufacturers.

6. List the applications on 24.3.2017.

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2017 Supreme(SC) 990

SUPREME COURT OF INDIAMadan B. Lokur, Deepak Gupta, JJ.M.C. Mehta – PetitionerVersusUnion of India & Ors. – RespondentsI.A. No. 487, 491 of 2017 in Writ Petition(Civil) Nos. 13029 of 1985. Decided On : 20-03-2017

The court's decision was influenced by the need for comprehensive information on BS-III vehicles and the potential impact of a ban on their sale or registration.

SUPREME COURT OF INDIA
Madan B. Lokur, Deepak Gupta, JJ.
M.C. Mehta – Petitioner
Versus
Union of India & Ors. – Respondents
I.A. No. 487, 491 of 2017 in Writ Petition(Civil) Nos. 13029 of 1985.
Decided On : 20-03-2017