The main legal point established in the judgment is that statutory provisions must be followed in the manner prescribed, and actions taken without proper notification or direction may not be sustainable.

JUDGMENT

Sanjeev Sachdeva, J. - CM. APPL. 46586/2021

1. This is an application on behalf of the applicants seeking impleadment as petitioners.

2. Issue notice. Notice is accepted by learned counsel for respondents, who submits that without prejudice to their rights and contentions, they have no objection to the application being allowed.

3. In view of the above, the application is allowed. The applicants are impleaded as co-petitioners. Amended memo of parties is taken on record.

W.P.(C) 13894/2018

1. Petitioners seek a direction to the respondents to permits the owners of BS-III compliant diesel commercial vehicles to apply for grant or renewal of "all time no entry permission" for operation of their vehicles in Delhi for supply of essential commodities such as fruits and vegetables.

2. Learned counsel for the petitioner submits that the online portal of the respondents, for making the applications, does not permit the owners of BS-III compliant diesel commercial vehicles to apply for grant or renewal of the said permit.

3. Learned counsel submits that the vehicles are otherwise compliant to the decision of the Supreme Court as well as the National Green Tribunal, which prohibits plying of diesel vehicles beyond the age of 10 years in Delhi, NCR.

4. Learned counsel appearing for the respondent submits that prohibition has been imposed in terms of Regulation 30 of The Delhi Control of Vehicular and Other Traffic on Road and Streets Regulations, 1980. He further submits that the direction has been further imposed in view of the order of the Supreme Court dated 20.11.2019 in Writ Petition (Civil) 13029/1985 titled M.C. Mehta and Ors. Versus Union of India.

5. Learned counsel appearing for respondent relies on the decision of the Division Bench of this Court in M/s. Economic Transport and Ors. Vs. Commissioner of Police & Ors., AIR 1994 Delhi 140.

6. Regulation 30 relied upon by the learned counsel for respondents reads as under:-

"30. Restriction on Heavy and Medium Transport Vehicles

(1) The Deputy Commissioner of Police, Traffic, Delhi, may by due notification prohibit the plying of medium or heavy transport vehicles in any road or street either totally or during specified hours under a permit granted by him.

(2) He may also by due notification prohibit or regulate loads and projections on vehicles which may cause danger, obstruction or annoyance to other road users."

7. Perusal of the said regulation shows that the Deputy Commissioner of Police has to issue a notification, whereby plying of medium or heavy transport vehicles in any road or street is prohibited either totally or during specified hours under a permit granted by him.

8. Admittedly, no notification has been issued by the Deputy Commissioner of Police under the said provision. Respondents have merely omitted to provide an option in the dropdown menu of the online portal.

9. Since there is no notification, respondents cannot contend that power has been exercised under Regulation 30. It is settled principle of law that "if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner alone and in no other manner" [Opto Circuit India Limited Versus Axis Bank & Others (2021) 6 SCC 707]

10. Furthermore, it may be noticed that Regulation 30 prohibit plying of medium or heavy transport vehicles and does not make a distinction between the type of medium and type of heavy transport vehicle as is sought to be done by the respondents.

11. Admittedly, permits are being issued for the identical size and shape of the vehicles which are owed by the petitioners, the only distinction being that vehicles of the petitioners are BS-III compliant and permits are being issued only for BS-IV and above complaint diesel vehicles. It is not in dispute that CNG and petrol vehicles can apply for permit on the online portal and restrictions apply only to BS-III diesel vehicles.

12. Learned counsel for the respondents relies on paragraph (h) of the order of the Supreme Co