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SUPREME COURT OF INDIA
MADAN B. LOKUR, S. ABDUL NAZEER, DEEPAK GUPTA, JJ.
M. C. MEHTA – PETITIONER(S)
Versus
UNION OF INDIA & ORS. – RESPONDENT(S)
WRIT PETITION (CIVIL) NO. 13029 OF 1985 (IN RE : RECOMMENDATION NOS. 2.2.1 AND 2.2.2 OF REPORT NOS. 71 AND 78 SUBMITTED BY EPCA)
Decided On : 24-10-2018
AIR 1990 SC 630; (1990) 1 SCC 520; (1998) 2 SCC 601; (1998) 6 SCC 60; (1998) 6 SCC 63; (1999) 6 SCC 12; (2002) 10 SCC 191; 2017 SCC Online SC 394; (2004) 9 SCC 362; (2004) 12 SCC 118; (2003) 7 SCC 389 – Relied upon
(b) Central Motor Vehicle Rules, 1989 – Rule 115(21) – Held very vague, not talking of sale of vehicles – Only mentioning registration of vehicles and permitting registration of vehicles conforming to BS-IV norms up to 30.06.2020 and in case of categories M & N, up to 30.09.2020 – Aalmost 1 ½years available for manufacturers to change over to new system – No reason to give a window of three or six months for sale of accumulated vehicles – Rule 115(21) read down – Rule 115(21) directed to be interpreted and understood to read that no motor vehicle conforming to the emission standard Bharat Stage-IV shall be sold or registered in the entire country with effect from 01.04.2020. (Para 19, 21)
Facts of the case:
The issue to be decided in these petitions is whether Bharat Stage IV (for short BS-IV) compliant vehicles should be permitted to be sold in India after 31.03.2020.
Finding of the Court:
There is no reason to give a window of three or six months for sale of accumulated non BSVI compliance vehicles.
Result: Directed that from 01.04.2020 only BS VI compliant vehicles shall be sold.
JUDGMENT
Deepak Gupta, J.
1. The seminal issue to be decided is whether Bharat Stage IV (for short BS-IV) compliant vehicles should be permitted to be sold in India after 31.03.2020.
2. In an earlier judgment dated 13.04.2017, we have given detailed reasons for the order dated 29.03.2017 whereby this Court had directed that on and from 01.04.2017, vehicles which are not BS-IV compliant, shall not be sold by any manufacturer or dealer or motor vehicle company whether such vehicle is a two wheeler, three wheeler, four wheeler or commercial vehicle etc.. We had also by the said order prohibited registration of non-BS-IV vehicles from 01.04.2017 except if such vehicles were sold on or before 31.03.2017. Since in the judgment dated 13.04.2017, we have set out in detail the history leading to implementation of the Bharat Stage compliant fuels, it is not necessary to repeat the same here. However, a short recap of the same would be apposite to understand the issues in hand.
3. In 2003, the Government of India announced the National Auto Policy based on the recommendations of the Mashelkar Committee constituted in 2001. BS-IV compliant vehicles were made compulsory for four wheelers in different parts of the country on different dates starting from 01.04.2005, from which date registration of only BS-IV compliant vehicles were permitted in the metropolises of Delhi, Ahmedabad, Bengaluru, Mumbai, Pune and Kolkata. Thereafter, it was made compulsory to have BS-IV compliant vehicles in some other cities from 01.04.2010. More cities were added on 21.05.2010 and on 14.07.2015.
Finally, by amendment dated 19.08.2015 it was mandated that BS-IV norms would come into force throughout the country w.e.f. 01.04.2017.
4. As far as two and three wheelers are concerned, they were made subject to BS-III norms on and with effect from 01.04.2010 by insertion of sub-rule 16 in Rule 115 of the Central Motor Vehicle Rules, 1989 hereinafter referred to as ‘the Rules’. With effect from 04.07.2014, it was mandated that on and from 01.04.2016 all two wheeler vehicles will comply with BS-IV emission norms and all existing models will shift to BS-IV emission norms from 01.04.2017. Similarly, Rule 17 was inserted in Rule 115 of the Rules on 12.06.2015 in respect of three wheelers wherein BS-IV standard would be applicable to new models on or after 01.04.2016. Resultantly, only those vehicles which were BS-IV compliant would be sold after 01.04.2017.
5. An issue was raised by the manufacturers of motor vehicles that they should be given reasonable and sufficient time for sale of stocks of those vehicles which are not BS-IV compliant vehicles but manufactured up to 31.03.2017. This Court did not accept the submission of the manufacturers and issued the direction referred to hereinabove. It would be interesting to note that though some of the manufacturers of two wheelers and three wheelers took a stand before this Court that great technological changes are required to make the vehicles BS-IV compliant, one of the largest manufacturers of two wheelers and three wheelers in India i.e. Bajaj Auto, filed an application in this Court praying that it was already manufacturing BS-IV compliant vehicles and that the vehicles not complying to BS-IV norms should not be registered after 2017.
6. The issue before us is somewhat similar. Mr. Ranjit Kumar, learned senior counsel and Mr. Sandeep Narain, learned counsel appearing for the Society of Indian Automobile Manufacturers (for short ‘SIAM’), have submitted that though they are not averse to manufacturing BS-VI compliant vehicles, they should be given some time to sell the stocks of non-BS-VI compliant vehicles manufactured upto 31.03.2020. In this regard, they have made reference to the notification dated 20.02.2018 whereby sub-rule 21 has been inserted in Rule 115 of the Rules, which reads as follows:
“In the Central Motor Vehicle Rules, 1989, in rule 115, after sub-rule (20), the following sub-rule shall be inserted namel
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