Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Environment – Vehicular pollution – Shift from Bharat StageIV (BS-IV) compliant vehicles to BS-VI compliant vehicles – Societyof Indian Automobile Manufacturers (SIAM) and other Automobilemanufacturers sought permission to sell BS-IV compliant vehiclesin India after 31.03.2020 and made reference to the notificationdated 20.02.2018 whereby sub-rule 21 has been inserted in Rule115 of the Central Motor Vehicle Rules,1989 – According to SIAM,BS-VI fuel will be available in the entire country only with effectfrom 01.04.2020 and manufacturers were, therefore, forced to stopproduction after 31.03.2020 and switch over to BS-VI compliantvehicles overnight – Held: Sub-rule 21 of Rule 115 is very vague asit does not talk of sale of vehicles – It only mentions registration ofvehicles and permits registration of vehicles conforming to BS-IVnorms up to 30.06.2020 and in case of categories M & N, up to30.09.2020 – This rule is violative of Art.21 of the Constitution inas much as it extends time for registration of vehicles beyond31.03.2020 – When BS-VI fuel is compared with BS-IV, there ismassive improvement in environmental terms – Once BS-VI emissionnorms are enforced, there will be 68% improvement in PM 2.5 –Some manufacturers are not willing to comply with the 31.03.2020deadline because new use of technology will lead to increase in thecost of the vehicles which may lead to reduction in sales of thevehicles and their profit – However, there can be no compromisewith the health of the citizens and in case of conflict between thehealth and wealth, health will be given precedence – Thus, in exerciseof power vested u/Art.142, sub-rule 21 of Rule 115 to be interpretedand understood to read that no motor vehicle conforming to the emission standard BS-IV shall be sold or registered in entire countrywith effect from 01.04.2020 – Constitution of India – Arts. 142 and21 – Central Motor Vehicle Rules, 1989 – Sub-rule 21 in r.115. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 982 |
Petitioner | M.c. Mehta |
Respondent | Union Of India & Ors. |
SCR | [2018] 12 S.C.R. 565 |
Judgement Date | 2018-10-24 |
Case Number | 13029 |
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