2020 Supreme(SC) 509

SUPREME COURT OF INDIA
ARUN MISHRA, INDIRA BANERJEE, JJ.
State of Madhya Pradesh – Appellant
Versus
Centre For Environment Protection Research And Development & Ors. – Respondents
Civil Appeal Nos.8932-8933 of 2015
Decided On : 28-08-2020

IMPORTANT POINTS
(1) NGT has no power to pass orders directing Appellant State Government to issue orders, instructions or directions on dealers, outlets and petrol pumps not to supply fuel to vehicles without PUC Certificate.
(2) When a Statute or a Statutory Rules prescribed a penalty for any act or omission, no other penalty not contemplated in Statute or a Statutory Rules can be imposed.
(3) Violation of any specific statutory environmental obligation gives rise to a substantial question of law.

Headnote:

(A) Air (Prevention and Control of Pollution) Act, 1981 – Sections 3, 20 and 39 – Central Motor Vehicles Rules, 1989 – Rule 115 read with Rule 116 – Protection of environment – One of main goals of Environment Protection Act, 1986 is to ensure sustainable development – This is a concomitant of right to life under Article 21 of Constitution of India – Central Government is empowered to take all such measures as it deems necessary or expedient for the purpose of protecting and improving environment and for preventing, controlling and abating environmental pollution – Existence of power to take all necessary measures to control pollution and/or to protect and improve environment is coupled with duty to exercise such power, if circumstances so warrant. (Paras 14 and 15)

(B) National Green Tribunal Act, 2010 – Sections 14, 26 and 28 – Central Motor Vehicles Rules, 1989 – Rule 115 read with Rule 116 – Air (Prevention and Control of Pollution) Act, 1981 – Sections 3, 20 and 39 – Powers of NGT – Tribunal had power, authority and/or jurisdiction to direct appellant State Government to strictly implement requirement of vehicles to possess and/or display a valid PUC Certificate and also to direct appellant State Government and/or other authorities concerned to take penal action in accordance with law (Rules 115/116 of 1989 Rules) – Award or order or decision of Tribunal under National Green Tribunal Act is executable as a decree of Civil Court by Tribunal itself for which purpose Tribunal has all powers of a Civil Court – Tribunal may also transmit any order or award made by it to a Civil Court for execution – Tribunal can examine and decide question of violation of any specific statutory environmental obligation which affects or is likely to affect a group of individuals or community at large – For exercise of power under Section 14 of NGT Act, a substantial question of law should be involved including any legal right to environment and such question should arise out of implementation of specified enactments – Violation of any specific statutory environmental obligation gives rise to a substantial question of law and not just statutory obligations under enactments specified in Schedule I. (Paras 33, 38, 39, 40 and 42)

(C) Central Motor Vehicles Rules, 1989 – Rule 115 read with Rule 116 – Air (Prevention and Control of Pollution) Act, 1981 – Sections 3, 20 and 39 – National Green Tribunal Act, 2010 – Sections 14, 26 and 28 – Direction by NGT for suspension and/or revocation of Registration Certificate of vehicles not complying with requirement of displaying a valid “Pollution Under Control” (PUC) Certificate – NGT further directed appellant State Government to issue orders and/or instructions and/or directions to petrol pumps or retail outlets or dealers not to supply fuel to vehicles not having a valid PUC – When a Statute or a Statutory Rules prescribed a penalty for any act or omission, no other penalty not contemplated in Statute or a Statutory Rules can be imposed – When Statute requires a thing to be done in a particular manner, it is to be done only in that manner – Stoppage of supply of fuel to vehicles not complying with requirement to have and/or display a valid PUC Certificate is not contemplated either in 1989 Rules or in NGT Act--Motor Vehicles not complying with requirement of possessing and/or displaying a valid PUC Certificate cannot be debarred from being supplied fuel – Strong measures must be taken to protect environment and improve air quality whenever there is contravention of statutory rules causing environmental pollution – Stringent action has to be taken, but in accordance with law – In passing blanket direction, directing appellant State Government to ensure that no dealer and/or outlet and/or petrol pump should supply fuel to vehicles without PUC Certificate, de hors Central Motor Vehicles Rules, Tribunal overlooked the fact that no vehicle can either be repaired to comply with pollution norms, nor tested for compliance with political norms upon repair, without fuel – Tribunal had no power and/or authority and/or jurisdiction to pass orders directing Appellant State Government to issue orders, instructions or directions on dealers, outlets and petrol pumps not to supply fuel to vehicles without PUC Certificate – There is no provision in NGT Act for deposit of security to secure compliance of an order of Tribunal – Tribunal had no power and/or authority and/or jurisdiction to direct appellant State to deposit Rs.25 Crores to secure compliance with its order – In any case such an order should not have been passed in review when initial order did not contain any direction for security deposit – Impugned judgments and orders of Tribunal set aside – However, State appellant shall strictly implement compliance of Rules 115 and 116 of Rules and penalize all those who contravene said Rules in accordance with the provisions of 1989 Rules – Registration Certificate of vehicles which do not possess a valid PUC Certificate shall be forthwith suspended and/or cancelled and penal measures initiated against owner and/or person(s) in possession and/or control of offending vehicle, in accordance with law. (Paras 44, 45, 50, 51, 52, 53, 54, 56, 58, 59 and 60)

Facts of the case:

Instant appeals filed by the State of Madhya Pradesh, are against an order dated 21st April, 2015 passed by the National Green Tribunal, Central Zonal Bench, Bhopal, allowing Original Application No. 1/2013 (CZ) filed by the Respondents and directing that motor vehicles not complying with the requirement of displaying a valid “Pollution Under Control” (PUC) Certificate would suffer the consequence of suspension and/or revocation of the Registration Certificate of the vehicle, and would also not be provided with fuel by any dealer or petrol pump.

Findings of Court:

The orders passed by the learned Tribunal are binding on and enforceable against the Appellant State. As observed above, Tribunal had the power, authority and jurisdiction to direct Appellant State to strictly implement compliance with Rules 115 and 116. An order of the Tribunal under the NGT Act is enforceable in the manner provided in Section 25 of the NGT Act.

Result : Appeals allowed.