Point of Law : Registration and substitution of vehicles to be operated in country must conform to the norms laid down by Central Government read down by the Supreme Court as aforesaid.

ORDER :

1. Counsel for the respondent submit that the issue raised in present writ petition is squarely covered by judgment rendered by Co-ordinate Bench of this Court in Balaji Automobiles vs. State of Rajasthan and Others (S.B. Civil Writ Petition No. 3080/2018, decided on 26.03.2019). The judgment reads as follows:

“1. By way of this writ petition, the petitioner has questioned legality of public notice dated 7.2.2018 issued by the Regional Transport Authority, Bikaner whereby while notifying the list of 15 years old diesel operated auto-rickshaws, the permit holders thereof are informed to replace their vehicles by auto-rickshaws having LPG/CNG engine within a period of 15 days. The petitioner has also questioned the legality of notification dated 15.12.2016 issued by the Department of Transport, Government of Rajasthan, in exercise of the power conferred under sub-section (3) (a) of Section 74 of the Motor Vehicles Act, 1988 (for short “the Act”) the number of contract carriage permits for operating autorickshaw/autotonga has been restricted to 6000 and it is directed that the new permits shall be issued only in respect of the vehicles operated by LPG/CNG fuel and further the existing three wheeler vehicles shall only be permitted to be replaced by LPG/CNG operated vehicles.

2. The petitioner, a proprietorship concern, engaged in sale of commercial vehicles is an authorised dealer of M/s. PIAGGIO Vehicles Pvt. Ltd. (PVPL) which is one of the leading three wheeler commercial vehicles manufacturer in India. As per the averments made in the petition, presently, PVPL manufactures various three and four wheelers models with the technology BS IV Engine operated by use of fuel diesel, petrol and gas.

3. Precisely, the case set out by the petitioner is that as per order dated 29.3.2017 passed by the Apex Court in M.C. Mehta vs. Union of India, AIR 2017 SC 2430, on and from 1.4.2017 such vehicles that are not Bharat Stage-IV (BS-IV) compliant shall not be sold in India by any manufacturer or dealer and accordingly, all the vehicle registering authorities under the Act are prohibited from registering such vehicle on and from 1.4.2017 that do not meet BS-IV emission standards, except on proof that such a vehicle has already been sold on or before 31.3.2017. According to the petitioner, the action of the respondent authorities in issuing impugned notification prohibiting the registration of the vehicles and grant of permit for diesel auto-rickshaw completely even if it has compatibility of BS-IV engine is ex facie illegal and arbitrary being contrary to the specific directions issued by the Apex Court as aforesaid. It is submitted that the State Government and its agencies are permitting the diesel auto-rick shaw in the rural area or the places where the facilities to refill LPG/CNG is not available and thus, the impugned notification issued bears no nexus with the objects sought to be achieved inasmuch as, even in the city areas of State of Rajasthan, the infrastructure for LPG/CNG has not been made available.

4. A reply to the writ petition has been filed on behalf of the respondents taking the stand that under clause (a) of sub-section (3) of Section 74 of the Act, if so directed by the Central Government having regard to the number of vehicles, road conditions and other relevant matters, the State Government may by notification in the Official Gazette direct State Transport Authority and Regional Transport Authority to limit the number of contract carriages generally or of any specified type as may be fixed and specified in the notification, operating on the city routes in towns with a population of not less than 5 lacs. It is submitted that vide notification dated 13.8.2003 issued by the Department of Road Transport and National Highways, in exercise of the power conferred under sub-section (3) of Section 74 of the Act, the Government of Rajasthan has been directed to issue notification in the Official Gazette directing State Transpo