Badar Durrez Ahmed, J.

1. This writ petition seeks the quashing of Direction No. 2 in Notification No. F.19 (22)/Tpt./Sectt./2006/197 dated 26.05.2006 issued by the Respondent No. 2 (Lt Governor of the National Capital Territory of Delhi), in purported exercise of powers conferred by Section 67(1)(ii) read with Section 2(41) of the Motor Vehicles Act, 1988 (hereinafter referred to as "the said Act"), whereby goods carriages having a gross vehicle weight up to 3000 kgs and which are registered outside the National Capital Territory of Delhi (NCT of Delhi) have been prohibited from entering into and plying on the roads of NCT of Delhi.

2. The petitioner Nos. 1 - 4 are residents of NOIDA, UP. They are registered owners of three-wheeler goods carriages, each having a gross vehicle weight of less than 3000 kgs. The said vehicles are registered with the registering authority, Motor Vehicles Department, NOIDA, UP. The vehicles of petitioner Nos. 1 to 3 run on diesel whereas petitioner No. 4s vehicle runs on Compressed Natural Gas (CNG). All the vehicles are Euro-II compliant and were being used to transport goods to and fro adjoining areas - NOIDA, Ghaziabad, etc., - and NCT of Delhi. Petitioner No. 5 is an association of persons such as the petitioner Nos. 1 to 4 and is registered in UP. The petitioner No. 6 is the financier of the vehicles.

.3. The petitioners have challenged the said Direction No. 2 in the impugned notification on the following grounds:

.(1) That it is ultra virus the said Act;

.(2) That the classification of similar vehicles running on CNG on the basis of registration in or outside Delhi is arbitrary;

.(3) That there is no nexus between the impugned notification and the object purportedly sought to be achieved;

.(4) That the impugned notification has been issued upon a complete non-application of mind and, that too, without following the mandatory provision of circulating the draft proposals to those who would be affected (ie., persons such as the petitioner Nos. 1 to 4 who are residents of adjoining areas in the State of Uttar Pradesh);

.(5) That the impugned notification contravenes articles 19(1)(g) and 301 of the Constitution of India.

4. The respondents have responded to the challenge by filing a counter affidavit of Mr N. Balachandran, Special Commissioner (Transport), Govt of NCT of Delhi on behalf of the Respondent No. 1 (Govt of NCT of Delhi). It is, inter alia, stated that the impugned notification was issued after exhausting all the requirements as mandated under the said Act. It is further stated that the draft of the directions had been published in compliance of the provisions of the said Act and, in fact, objections had been received from the Society of Indian Automobile Manufacturers which had been duly considered and rejected.

5. Importantly, the counter affidavit states that "the directives under challenge are intended to minimize Ambient Air Pollution in Delhi and rising Vehicular congestion and are entirely under public interest". It was further submitted that light goods carriers up to 3000 kgs are exempt from the necessity of obtaining permits vide Section 66(3)(i) of the said Act. And that, "the purpose behind this exemption being that small load/ goods carriers vehicles may move locally in the jurisdiction of the place of registration" and "in case movement of such vehicles is allowed, cross border on routine basis, this will be against the letter and spirit of the Motor Vehicles Act..". The counter affidavit goes on - "Moreover, in terms of Section 40 of the Motor Vehicles Act every owner of a motor vehicle shall cause the vehicle to be registered by a Registering Authority in whose jurisdiction he has residence or place of business where the vehicle is normally kept. In the present case the petitioners No. 1 to 4 have residence and place of business outside Delhi and are registered with the local authority of this area namely Noida, U.P. and Ghaziabad U.P. The reason the Petiti