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G. S. PATEL, MADHAV J. JAMDAR
Micropark Logistics Private Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr Pradeep Thorat, with Aditi S Naikare & Aniesh Jadhav, Ms Pooja Thorat, with Anukul Seth, for the Appellant; Mr Pp Kakade, Gp, with Ss Panchpor, AGP, for the Respondent.

JUDGMENT

G.S. Patel, J. - This group of matters Relates to the second sale and several Bharat Stage-IV ('BS-IV') compliant vehicles. Shortly stated, the Respondents have in most cases blacklisted these vehicles. In two cases, Writ Petition Nos. 4270 and 4271, registrations have actually being cancelled.

2. Mr Thorat for the Petitioner has taken us to a compilation of orders passed by the Supreme Court in the MC Mehta vs Union of India & Ors orders relating to vehicular pollution. This compilation starts with orders of 27th March 2020, very shortly after the Covid 19 pandemic and lockdown was announced, because there was a peculiar situation that arose in those circumstances.

3. The origin of the regulations and restrictions placed by the Supreme Court may be traced to the order of 24th October 2018 of the Supreme Court in MC Mehta vs Union of India & Ors., (2019) 17 SCC 490. In paragraph 25, interpreting the Central Motor Vehicle rules, the Supreme Court said: 25. Therefore, in exercise of the power vested in this Court under Article 142 of the Constitution, we read down sub-rule (21) of Rule 115 and direct that sub-rule (21) of Rule 115 shall be interpreted and understood to read th

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