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2020 Supreme(SC) 623
SUPREME COURT OF INDIA
ARUN MISHRA, S. ABDUL NAZEER, JJ.
M.C. Mehta – Petitioner
Versus
Union of India and Others – Respondents
Writ Petition (Civil) No. 13029 of 1985
Decided On : 15-06-2020
Advocate Appeared:
For the Petitioners: Mr. Harish N. Salve, Ms. Aparajita Singh, Mr. A.D.N. Rao, Mr. Siddhartha Chowdhury, Mr. Tushar Mehta, Mr. A.N.S. Nadkarni, Ms. Pinky Anand, Mr. S.W.A. Qadri, Ms. Aishwarya Bhati, Mr. S.S. Rebello, Mr. Rajesh Kumar Singh, Mr. Raj Bahadur Yadav, Mr. D.L. Chidananda, Ms. Suhashini Sen, Mr. Gurmeet Singh Makker, Mr. Rajan K. Chaurasia, Mr. Nishesh Sharma, Ms. Snidha Mehra, Mr. Rajiv Kumar Dubey, Mr. Kamlendra Mishra, Mr. K.V. Vishwanathan, Mr. Chandra Prakash, Mr. Sanjiv Sen, Mr. Praveen Swarup, Ms. Puja Kalra, Mr. Jayant Muthraj, Mr. M. Yogesh Kanna, Mr. Anil Grover, Ms. Noopur Singhal, Mr. Rahul Khanna, Mr. Sanjay Kr. Visen, Ms. Monika Gusain, Ms. K. Enatoli Sema, Mr. Amit Kumar Singh, Mr. Sandeep Narain, M/s. S. Narain, Mr. P. Ramesh Kumar, Ms. Anupama Ngangom, Mr. Karun Sharma, Mr. V.N. Raghupathy, Mr. Suvojeet Roy, Mr. Santosh Kumar, Mr. Keshav Mohan, Mr. Rishi K. Awasthi, Mr. Prashant Kumar, Mr. Kamlendra Mishra, Mr. Sandeep Kr. Jha, Ms. Uttara Babbar, Mr. B.V. Balramdas, Ms. Madhu Sweta, Mr. Sumit Gupta, Ms. Astha Tyagi, Ms. Bina Gupta, Mr. Kshitij Vaibhav, Ms. Sheena Taqui, Ms. Suvarna Dubey, Mr. Chirag M. Shroff, Mr. Ajay Aggarwal, Mr. Kishan Rawat, Mr. Rajan Narain, Mr. Deepak Khosla Mr. Akshay Girish Ringe, Mr. Saurabh Soni, Ms. Divya Jyogi Singh, Ms. G. Indira, Ms. Preetika Dwivedi, Mr. Prashant Kumar, Mr. Saurab Suman Sinha, Ms. Charu Ambwani, Ms. Priya Puri, Mr. Preet Pal Singh, Mr. Ranjay Dubey, Ms. Yati Sharmai, Ms. Garima Prashad, Mr. Jogy Scaria, Ms. Beena Victor, Ms. Shagun Matta, Mr. Arjun Syal, Ms. Vidisha Kumar, Mr. Shreyan Das, Mr. Nikunj Dayal, Mrs. Lalita Kaushik, Mr. Chirag M. Shroff, Mr. Saurabh Mishra, Mr. Chandan Kumar, Mr. Gurang Kanth, Ms. Susmita Lal, Mr. Apurb Lal, Mr. Kamakhya Srivastava, Mr. R.K. Vats, Mr. S.K. Dhingra, Ms. Aparna Rohatgi Jain, Mr. Mahesh Kasana, Ms. Shefali Mitra, Ms. Ruchi Kohli, Mr. Yash Mishra, Ms. Nidhi Jaswal, Ms. Manyaa Chandok, Mr. P.G. Pragasam, Mr. Pavan Kumar, Ms. Neelam, Mr. Arjun Sayal, Mr. Mithu Jain, Mr. Ashish Rana, Mr. Satya Mitra, Mr. Praveen Swarup, Mr. Shree Pal Singh, Mr. Raghvendra Kumar, Ms. Madhumita Bhattacharjee.
Compliance with the BSVI deadline is crucial, and no registration of BS-IV vehicles is permitted without the court's permission.
Headnote:
REGISTRATION - BSIV VEHICLES - [I.A. Nos. 79444/2019, 177432/2018, 142872/2019, IN RE: REGISTRATION OF BSIV VEHICLES] - [I.A. Nos. 79444/2019, 177432/2018, IN RE: REGISTRATION OF BSIV VEHICLES] - The court allowed the registration of specific diesel vehicles in special circumstances due to unavailability of CNG and petrol variants. However, the court refused registration for vehicles not mentioned in the order and emphasized the importance of compliance with the BSVI deadline, stating that no registration of BS-IV vehicles is permitted without the court's permission.
Fact of the Case:
The court considered various applications related to the registration of BSIV vehicles, including specific requests for registration of diesel vehicles due to unavailability of CNG and petrol variants, and compliance with the BSVI deadline.
Finding of the Court:
The court allowed registration of specific diesel vehicles in special circumstances due to unavailability of CNG and petrol variants. However, the court refused registration for vehicles not mentioned in the order and emphasized the importance of compliance with the BSVI deadline, stating that no registration of BS-IV vehicles is permitted without the court's permission.
Issues: The main issue was the registration of BSIV vehicles, including specific requests for registration of diesel vehicles due to unavailability of CNG and petrol variants, and compliance with the BSVI deadline.
Ratio Decidendi: The court emphasized the importance of compliance with the BSVI deadline and stated that no registration of BS-IV vehicles is permitted without the court's permission.
Final Decision: The court allowed the registration of specific diesel vehicles in special circumstances due to unavailability of CNG and petrol variants. However, the court refused registration for vehicles not mentioned in the order and emphasized the importance of compliance with the BSVI deadline, stating that no registration of BS-IV vehicles is permitted without the court's permission.
ORDER :
I.A. Nos. 79444/2019, 177432/2018 and 142872/2019
I.A. No. 142872/2019
1. Let the date of purchase be specified as well as it be made clear with respect to different kind of vehicles mentioned in paragraph 8 of the application and whether diesel and CNG variant are available or not.
2. Affidavit, if any, may be filed in the meantime.
3. List on 19.06.2020.
I.A. No. 79444/2019
4. Considered I.A. No. 79444/2019.
5. A prayer has been made for registration of 04 numbers of chassis mounted suction cum jetting Diesel machines/vehicles.
6. The details of the vehicles are as under:
| S. No. | Chassis No. | Engine No. |
| 1. | MAT507210J8H21231 | 497TC41HRY827988 |
| 2. | MAT507210J8H21500 | 497TC41HRY828314 |
| 3. | MAT507210J8H20159 | 497TC41GRY825744 |
| 4. | MAT507210J8H21594 | 497TC41HRY828491 |
7. In the affidavit filed on behalf of the East Delhi Municipal Corporation, it submitted that petrol as well as CNG variant are not available. The EPCA Report is in favour of applicants. We allow the prayer of registration of these vehicles, in the peculiar facts and circumstances of the case. These vehicles were purchased way back in the month of December, 2018.
8. The application is, accordingly, disposed of.
I.A. No. 177432 of 2018
9. We have perused the application. It is prayed for in the application that the registration of 25 number of diesel vehicles/machines/equipments purchased by NDMC be permitted. A scanned copy of the details of the vehicles are annexed with this order. (Annexure-A)
10. We have called for the report from EPCA. It is stated that CNG and Petrol vehicles of C.E.V. BSIV complaint vehicles are not available in the market. The orders were placed for purchase in September, 2018 and the vehicles were purchased in the year 2018 itself. We permit, in the special circumstances, registration of the aforesaid vehicles in view of the statement made that other variants are not available.
11. In view of the above, the application is disposed of.
IN RE: REGISTRATION OF BSIV VEHICLES
12. We have permitted, as per order dated 27.03.2020, registration of particular vehicles, who were given in detail to us, viz. 1,05,000 two-wheelers, 2250 passenger cars and 2000 commercial vehicles, which have been sold but not registered throughout India, whereas unsold vehicles were stated to be 7,00,000 two-wheelers, 15,000 passenger cars and 12,000 commercial vehicles. We have passed the order of registration of the vehicles sold till 31.03.2020, upto 30.04.2020 in special circumstances. At the same time, we have also ordered that the unsold vehicles, noted above, may be sold except in Delhi and NCR not beyond 10% of the vehicles to be sold throughout India. Our order was clear and did not make any difference between the members of the association and the nonmembers. It was in general for all those who are the members of the association and not the members of the association and was required to be observed punctually and affidavits were required to be filed.
13. It is startling to note that even after lifting of the lockdown on 03.05.2020, when the sales have taken place and as per our order, no registration could have been made without informing this Court as to how many vehicles have been sold throughout India. It appears that the order is being misused for the reasons best known to the respondents and they have not filed affidavit in compliance of the order passed by this Court. The registration of the vehicles which were to be sold out of 10% cannot be made without the permission of this Court and without giving particulars as ordered by this Court in the aforesaid order. Engine and Chassis numbers were also required to be furnished and the date of sale. There is clear cut violation of at least the second part of the order passed by this Court. Incomplete affidavit has been filed on 13.06.2020.
14. With respect to the first part, there is al
