(T.S. Thakur, C.J. and A.K. Sikri and R. Banumathi, JJ.)
M.C. Mehta ______________________________________ Petitioner
v.
Union of India & Ors. _____________________________ Respondent(s)
I.A. Nos. 376-377, 380-381, 382, 385-386, 390 in I.A Nos. 380-381, 423, 445-446 in Writ Petition(s) (Civil) No(s). 13029/1985, decided on August 12, 2016
With
I.A Nos. 375, 387, 388-389, 399-400, 404, 405-406, 409-410, 411-412, 413-414, 415-416, 419-420, 421-422, 426-427, 428-429, 430-431, 435-436, 437-438, 452, 453, 461-462, 467-468 of 2016 in I.A. No. 365 in 345 in W.P.(C) No. 13029 of 1985, I.A. No. 383-384, 394, 397-398, 402-403, 418, 455, 463-464, 466, 469 in I.A. No. 365 in 345 in W.P.(C) No. 13029 of 1985 and I.A. Nos. 470 in I.A. Nos. 439-440 of 2016 in I.A. No. 365 in I.A. No. 345 in W.P.(C) No. 13029 of 1985
The Order of the court was delivered by
Order
I.As No. 376-377, 380-381, 382, 390, 445-446, 375, 399-400:
1. By our Order dated 16.12.2015, we had while issuing several other directions forbidden registration of private cars and SUVs with an engine capacity of 2000 cc and above running on diesel fuel. That direction was initially effective up to 31.03.2016 but subsequently continued pending further orders. The position as on date is that registration of private cars and SUVs running on diesel fuel with an engine capacity of 2000 cc and above are not being registered in Delhi and NCR region. Several manufacturers of such cars and SUVs have however appeared and filed applications seeking impleadment and vacation of the said direction.
2. We had at some length heard these applications and reserved pronouncement of orders on 04.07.2016. Mr. Mohan Parasaran, learned senior counsel appearing for applicant-Mercedes Benz, one of the manufacturers had in the intervening period mentioned the matter and offered to deposit 1% of the Ex-show room price of the 2000 cc and above diesel vehicles manufactured by his client towards environment protection charge and sought modification of the order so as to permit registration of such vehicles on deposit of the said amount. Mr. Parasarn was asked to file a suitable affidavit to that effect which has been filed.
3. M/s. Gopal Subramanian and Mohan Parasaran today appear to submit that Mercedes Benz shall have no objection and would indeed be willing without demur to deposit environment protection charge mentioned above equivalent to 1% of the Ex-show room price of the diesel vehicles manufactured by that company as a condition precedent for registration of such vehicles by the jurisdictional Registration Officers. They submit that the said amount could be used by the Government or by such other agency as this Court may identify for such purpose as the court may direct.
4. A similar offer has been made even by Toyota Kirolskar Private Limited who is also manufacturing diesel cars with the engine capacity of 2000 cc and above. Mr. P.V. Shetty, learned senior counsel appearing on behalf of Galaxy Automobiles Private Company who happens to be a dealer in cars manufactured by Toyota Kirloskar Private Limited also makes a similar offer. Dr. A.M. Singhvi learned senior appearing for the Society of Indian Automobile Manufacturers (SIAM) however argued that while some of the members of the association may also be similarly willing to deposit environment protection charge mentioned above, the benefit of registration of their cars on payment of the charge @ 1% of the Ex-show room price should be available to such manufacturers and dealers also.
5. Mr. Harish N. Salve, learned Amicus Curiae argues that while the order passed by this Court could be suitably modified to permit registration of diesel cars/SUVs of 2000 cc capacity and above upon deposit of 1% of the Ex-show room price towards environment protection charge, the said requirement should be extended even to diesel cars with less than 2000 cc capacity. He argued that the deposit could be directed to be made in an account to be opened by the Central Pollution Control Board (CPCB) with a direction that the Registration Officers concerned shall register the vehicles offered for registration only upon satisfying himself about the deposit of the amount and not otherwise.
6. Insofar as the deposit to be made with the CPCB is concerned, we see no reason to decline the prayer. We accordingly direct that the CPCB shall open a separate account in a Scheduled public sector bank to receive the amount representing 1% of the Ex-show room price of every diesel car that is sold by any manufacturer/dealer in Delhi and NCR region. The deposit of the amount alone shall entitle the manufacturer/dealer or the purchaser of the car to have the car registered within Delhi or NCR region. Our order dated 16.12.2015 shall to that extent stand modified. We, however, leave open the question whether cars less than the capacity of 2000 cc using diesel fuel should also be subjected to a similar charge. So also the question whether the rate of the charge ought to be limited 1% or raised is left open to be determined at an appropriate stage. We all the same make it clear that any such enhancement in the charge if so directed by the court would not have any retrospective effect.
7. With these observations and modification, I.As No. 376-377 and all connected I.As relevant to these aspect are disposed of.
I.As No. 461-462:
8. Learned counsel for the applicant submits that he is ready and willing to deposit 1% towards environment protection charge as directed in I.As. No. 376-377 for registration of diesel ambulance cars with engine capacity of 2000 cc. In that view I.As. No. 461-462 are also disposed off in similar terms.
I.As. No. 467-468:
9. For the reasons stated in the application, we permit registration of utility vehicles (garbage vehicles) of 2000 cc and above used by Prisons Department, Tihar. The registration shall be free from environment cess/charge on the same.
10. I.As No. 467-468 are accordingly allowed and disposed off.
I.As No. 463-464, 466 and Report with regard to installation of Radio Frequency Identification (RFID) for effective and credible ECC collection dated 10.08.2016:
11. Post on Monday i.e. 22.08.2016 at 1.30 P.M.
I.A. No. 383-384, 394, 397-398, 402-403, 418, 455, 466, 469 in I.A. No. 365 in 345 in W.P.(C) No. 13029 of 1985 and I.A. Nos. 470 in I.A. Nos. 439-440 of 2016 in I.A. No. 365 in I.A. No. 345 in W.P.(C) No. 13029 of 1985, I.A. No. 470 in I.A Nos. 439-440 of 2016 in I.A. No. 365 in I.A. No. 345 in W.P.(C) No. 13029 of 1985:
12. Post these I.As along with I.A. No. 345 and affidavit filed by Department of Heavy Industries and public Enterprises at an appropriate date.
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