ORDER

1. This execution application has been filed seeking execution/implementation of the order dated 25.06.2020 passed by the Tribunal in Original Application No.117/2017 (WZ) (Dileep B. Nevatia Vs. The Motor Vehicle Department and Ors.), whereby following directions were given:-

“

1. To ensure strict compliance of Rule 115 sub Rule (7) of the Central Motor Vehicle Rules, 1989 stipulated that only vehicles that carry valid “PUC: Certificate issued by authorised agency 18 are permitted to ply in the State of Maharashtra so as to prevent air pollution due to vehicles do not having PUC certificate.

2. To record the PUC data only so to automatically linked with the Central Server with uniform standardise software.

3. To introduce annual third party inspection of PUC centres.

4. To limit the number of PUC centres upgrade them under strong supervision and quality control.

5. To ensure 100%compliance by linking annual vehicle insurance and vehicle registration with PUC certificate.

6. To adopt uniform and standardised data recording and reporting format and uniform software and introduce automatic online network for transmission of PUC data to the Central Server and to allow proper analysis of data for remote auditing of PUC centres.

7. To strengthen inspection of PUC centres for quality control and strengthen the licensing programme to ensure proper calibration authentic test, annual maintenance contract for the maintenance of all testing equipment and accessories training of operators, calibration of equipment etc. are carried out.

8. To make quality audit of centres and calibration quarterly.

9. To upgrade testing centres for high level of automatic emission testing so that operators and vehicles drivers are prevented from manipulation of results.

10. To introduce well equipped mobile test centres and a programme to check visibly polluting vehicles.”

2. The present execution application was first considered by us on 03.04.2023 when it was admitted and notices were directed to be issued to the respondents.

3. In compliance with the said notice, from the side of respondent No.1- The Motor Vehicle Department through its Transport Commissioner, Shri Amar V. Desai, Assistant Regional Transport Officer has appeared in- person before us. A reply affidavit dated 28.07.2023 has been filed from its side, wherein it is submitted that directions were given by this Tribunal to ensure strict compliance of Rule 115(7) of the Central Motor Vehicles Rules, 1989 and that only vehicles that carry valid "Pollution under Control" (PUC) Certificate, issued by the authorized agency, are required to be permitted in the State of Maharashtra.

4. It is further mentioned in this affidavit by the respondent No.1 that the said rule provides that after the expiry of a period of one year from the date on which the motor vehicle gets registered first, every such vehicle shall carry a valid "Pollution under Control" Certificate, the validity of which shall be for one year for the motor vehicles complying with Bharat Stage IV and VI pollution norms and for other vehicles, the validity shall be six months and that the said rule also provides that such PUC Certificate shall always be carried in the vehicle and be produced on demand by the Officers as referred to in sub-rule 1 of rule 116.

5. It is further mentioned in this affidavit by the respondent No.1 that the Regional / Deputy Regional Transport Offices have granted licenses to PUC Centres in their respective jurisdiction, as per Rules prescribed by the Transport Commissioner Office from time to time. The valid authorised PUC Centre List is also available on the website of www.Parivahan.gov.in, which is maintained by the Ministry of Road Transport and Highways, Govt. of India. These authorized PUC Centers are conducting tests of emission of smoke, vapour, etc. from the motor vehicles as per the provisions of the Motor Vehicles Act, 1988 and Rules made thereunder.

6. It is further mentioned in this affidavit by the respondent