On 18.09.2020, a Supreme Court Bench Comprising of Chief Justice of India S.A Bobde, Justice A.S Bopanna and Justice V. Ramasubramanium passed an order in the Writ Petition M.C. Mehta vs Union of India, relating to registration BS-IV vehicles.
Background of the Case:-
Multiple applications were filed before the Supreme Court for registration of three kinds of vehicles:
1) CNG Vehicles,
2) BS-IV Compliant vehicles, and
3) BS-VI compliant vehicles for use as essential public utility vehicles.
Order of the Court
The court directed that so far as CNG vehicles are concerned, there cannot be a rejection of registration, as emissions from these vehicles were within the permissible limits.
While considering the issue of BS-IV and BS-VI compliant vehicles, the court was of the view that as BS-VI norms came into force on 01.04.2020, all the vehicles that were purchased on or before 31.03.2020 will be considered BS-IV compliant.
The court also took the view that the emissions from BS-VI compliant vehicles were also within the norms so all the vehicles that were purchased on 1.04.2020 or after that and are BS-VI compliant as well, such vehicles should also be registered.
In cases where BS-IV compliant vehicles were purchased up to the date of 31.03.2020, they should be registered with the E- Vahan Portal to ascertain the date of purchase. The court also stated that if a BS-IV compliant vehicle was purchased on or before 31.03.2020 and is used by Municipal Corporation for public service, then they should be registered as well.
The bench, also opined that all such cases should be scrutinized by the Environment Pollution Control Authority (EPCA) and to avoid repetition of such application for registration, the EPCA will scrutinize all the pending cases and will submit a report to the court so that the court can pass a common order for all the applications.