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2003 Supreme(Mad) 148

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE E. PADMANABHAN
S.Suresh Kumar - Appellant
Versus
The Union of India & Others - Respondents
W.P. NOS. 9284, 10882, 11680 & 11731 OF 1999, W.M.P. NOS. 13223, 15377, 15378, 16528, 16590, 16529 & 16591 of 1999
Decided On : 03 February 2003

Advocates Appeared:For the Petitioner:Mr. G.Ethirajulu, Mr. K.V.Subramaniam, Advocates. For the Respondents: Ms. D.Malarvizhi, GA, Mr. V.Vaithyalingam, SCGSC.

The main legal point established in the judgment is that the use of LPG as a fuel in vehicles does not constitute an alteration under Section 52 of The Motor Vehicles Act, provided that the conversion is carried out with approved conversion kits and in compliance with the prescribed standards and specifications.

Headnote:

LPG - Motor Vehicles Act - Section 52, Section 53, Section 54, Rule 101 of The Tamil Nadu Motor Vehicle rules, 1989, Rule 115, Rule 115-A, Rule 115-B, Rule 115-C - The court discussed the legality of using LPG as fuel in vehicles, emphasizing that the use of LPG as a fuel does not constitute an alteration under Section 52 of The Motor Vehicles Act. The court also highlighted the requirements for conversion to LPG as per the Central Motor Vehicle Rules and the need for compliance with the prescribed standards and specifications for approved conversion kits.

Fact of the Case:

The petitioners sought relief from the court to prevent interference with the use of LPG as a fuel in their vehicles. The respondents had taken action against the conversion of petrol fuel to LPG without prior permission from the registering authority, citing violations of the Motor Vehicles Act.

Finding of the Court:

The court found that the use of LPG as a fuel does not constitute an alteration under Section 52 of The Motor Vehicles Act. It emphasized the need for compliance with the prescribed standards and specifications for approved conversion kits as per the Central Motor Vehicle Rules.

Issues: The issues included the legality of using LPG as fuel in vehicles, the requirement for prior permission from the registering authority for conversion, and the actions taken by the respondents against the use of LPG.

Ratio Decidendi: The court's decision was based on the interpretation of Section 52 of The Motor Vehicles Act, the Central Motor Vehicle Rules, and the pronouncements of the Supreme Court regarding the use of natural gas to reduce pollution.

Final Decision: The court quashed the impugned action or circular and directed that vehicle owners may make modifications for using LPG as fuel by fitment of approved conversion kits, subject to compliance with the prescribed standards and specifications. The court also outlined the reporting and approval process for such conversions.

Judgment :-

1. In W.P. No.9284 of 1999, the petitioner, S.Suresh Kumar, has prayed for the issue of a writ of mandamus forbearing the respondents from interfering and preventing the petitioner from using non subsidised Liquified Petroleum Gas in Maruti 800 C.C. Car bearing Registration No. TN-09-A 5010 or seizing the vehicle, removing the cylinder and LPG kits, suspending or cancelling the certificate of registration of the aforesaid vehicle.

2. In W.P. No.10882 of 1999, the petitioner, M/s.Victory Group, has prayed for the issue of a writ of certiorarified mandamus calling for the records of the second respondent herein in Lr. No.E.No.31109/H2/99 dated 1.5.99, quash the same and forbear the respondents from in any way booking, seizing or taking action against any vehicles fitted with LPG conversion kit supplied by the petitioner and pass such further or other orders as this Hon'ble Court may deem fit.

3. In W.P. No.11680 of 1999, the petitioner Mr.A.Chandrasekaran, has prayed for the issue of a writ of certiorarified mandamus calling for the records of the second respondent herein in Lr. No.E.No.31109/H2/99 dated 1.5.99, quash the same and forbear the respondents from in any way booking, seizing or taking action against any vehicles fitted with LPG conversion kit supplied by the petitioner and pass such further or other orders as this Hon'ble Court may deem fit.

4. In W.P. No.11731 of 1999, the petitioner S.S.Nalinichander, has prayed for the issue of a writ of certiorarified mandamus calling for the records of the second respondent herein in Lr. No.E.No.31109/M2/99 dated 1.5.99, quash the same and forbear the respondents from in any way booking, seizing or taking action against any vehicles fitted with LPG conversion kit supplied by the petitioner.

5. The petitioner in W.P. No.9284 of 1999, who claims to be the owner of Maruthi 800 CC petrol car bearing Registration No. TN-09-A-5010, after purchase modified the petrol car to run by using Liquefied Petroleum Gas (LPG for brevity) as well as petrol. It is common in European countries to use LPG as fuel for cars. The petitioner has detailed the conversion process. According to the petitioner, there is no necessity to make any modification in the engine as only regulators of LPG are attached to the vehicle. The Union of India has permitted import of gas conversion kits from Italy as well as USA. Further, by use of LPG, there is no danger of Benzene and other carcinogenic aromatics in the cars. By intensive research in USA, it has been found that in alternative fuel technology LPG alone is being recommended. In various foreign countries natural gas is being used in cars and there is reduction in pollution level.

6. The first respondent issued a green signal for conversion. Very many vehicles have been converted and they are using LPG cylinder across the country. The Union Territory of Delhi has also permitted plying of their buses with LPG as fuel. On 6.5.99 one of the Fiat cars fitted with LPG gas met with an accident near Coimbatore North flyover due to brake failure and, thereafter, the 2nd respondent in a press release entertained complaints regarding misuse of LPG by car owners. The 3rd respondent instructed his subordinate to inspect the care and seize those cars fitted with LPG. Accordingly, the police have seized many cars fitted with LPG kits and also warned the owners. The car owners were threatened with seizure of the vehicle. Representations made to the respondent did not yield any result and they proceeded in taking action.

7. The petitioner's vehicle was intercepted on 19.5.99 by a police constable and on noticing LPG gas, the petitioner was warned and he was directed to remove the same immediately. The respondents are opposing the user of LPG gas on the ground that it is in contravention of Section 52 of The Motor Vehicles Act, 1988.

8. The petitioner contends that user of LPG as fuel will not offend and it is not violative of Section 52 of The Motor Vehicles Act and th

















































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