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2020 Supreme(SC) 620
SUPREME COURT OF INDIA
ARUN MISHRA, DEEPAK GUPTA, JJ.
M.C. Mehta – Petitioner
Versus
Union of India and Others – Respondents
Writ Petition (Civil) No. 13029 of 1985
Decided On : 27-03-2020
Advocate Appeared:
For the Petitioners: Mr. K.V. Vishwanathan, Mr. R. Basant, Mr. Mudit Sharma, Mr. Rishikesh Chitaley.
For the Respondents: Mr. A.N.S. Nadkarni, Mr. S.S. Rebello, Mr. Gurmeet Singh Makker, Mr. Mukesh Kumar Maroria.
Adherence to pollution control regulations and deadlines for vehicle compliance is crucial, and the Court has the authority to impose restrictions and deadlines to mitigate environmental harm.
Headnote:
Registration of Unsold Vehicles - Extension of Time - Pollution Control
Fact of the Case:
The applicant, Federation of Automobile Dealers Association, sought an extension of time for the registration of 1,05,000 two-wheelers, 2250 passenger cars, and 2000 commercial vehicles that had been sold but not registered throughout India. Additionally, there were 7,00,000 unsold two-wheelers, 15,000 unsold passenger cars, and 12,000 unsold commercial vehicles.
Finding of the Court:
The Court ordered that the sold vehicles be registered by the concerned authorities by a specified date, and directed the applicant to furnish details of the purchasers of the vehicles within seven days. The Court also restricted the sale and registration of unsold vehicles in Delhi and NCR region, allowing only 10% of the vehicles to be sold in other parts of the country within a specific timeframe after the lifting of the lockdown.
Issues: Extension of time for registration of sold vehicles, restriction on sale and registration of unsold vehicles, and compliance with pollution control regulations.
Ratio Decidendi: The Court emphasized the importance of adhering to the deadline for BS-VI compliant vehicles and expressed concern about the environmental impact of allowing the sale of BS-IV vehicles when BS-VI vehicles were supposed to be produced well in advance.
Final Decision: The Court allowed the registration of sold vehicles by a specified date, imposed restrictions on the sale and registration of unsold vehicles, and required the applicant to provide detailed information on the sale of vehicles within specific timeframes.
ORDER :
1. The Court convened through Video Conferencing.
I.A. Nos. 45883/2020, 45912/2020 and 48113/2020
2. It is stated by Mr. K.V. Vishwanathan, learned senior counsel appearing on behalf of the applicant/Federation of Automobile Dealers Association that 1,05,000 two-wheelers, 2250 passenger cars and 2000 commercial vehicles are there which have been sold but not registered through out India. Unsold vehicles are stated to be 7,00,000 two wheelers, 15,000 passenger cars and 12,000 commercial vehicles.
3. With the consent of Mr. A.N.S. Nadkarni, learned Additional Solicitor General and Mr. K.V. Vishwanathan, learned senior counsel, it is ordered that sold vehicles be registered by the concerned authorities by 30.04.2020. However, at the same time we direct the applicant to furnish details of the purchasers, on affidavit, of the aforesaid vehicles through e-mail, within seven days from today. Details of registration shall also be furnished to this Court.
4. With respect to unsold vehicles as the manufacturer should have been ready because of deadline set for BS-VI compliant vehicles, there is no justification to extend the time which was fixed long time ago. This is not something new which has occurred, it would be further injurious and further burden on human health to be caused by pollution of BS-IV vehicles when BS-VI vehicles are supposed to be produced by the manufacturers well in advance considering the deadline of 31st March, 2020.
5. It is stated that there are 7,00,000 two-wheelers which are unsold through out India with different dealers. Similarly, passenger vehicles are 15,000 and commercial vehicles are 12,000. In Delhi and NCR region, we are not allowing sale and registration of these kind of vehicles any more. However, in the remaining part of the country, due to the situation which has arisen due to lockdown, it is ordered that not beyond 10% of the vehicles, except with the Dealers in Delhi and NCR region, are permitted to be sold out of the aforesaid number of vehicles to make up the good of six days which were available before the lock-down has been ordered in the country. Details of the sale shall be furnished by the applicant and there shall be no violation of the order passed by this Court. Sales to be done within ten days of the lifting of the lock-down operating in the concerned cities and not beyond it and on an affidavit number of vehicles sold shall be stated by the applicant/Federation of Automobile Dealers Association and only those vehicles shall be permitted to be registered about which affidavit is filed. If out of the vehicles which are permitted to be sold some of them remain unsold then obviously there is no question of any further extension of time for sale of these kind of vehicles. Particulars shall be given on an affidavit with engine and chassis numbers by the applicant/Federation of Automobile Dealers Association of the sale of vehicles before the registration is made, within seven days of the sale.
6. The application for impleadment is allowed to the extent of intervention and these applications are accordingly, disposed of.
