Case Note & Summary
The Supreme Court, in a series of appeals and applications arising from the long-standing M.C. Mehta v. Union of India environmental litigation, addressed the issue of registration of BSIV compliant diesel vehicles used for essential public services in Delhi. The New Delhi Municipal Council (NDMC) and Delhi Cantonment Board sought registration of water tankers, while other applicants sought registration of buses and hydrant dispensers for aviation fuel. The Court had earlier directed the Environment Pollution Control Authority (EPCA) to scrutinize pending cases and submit a report. EPCA's report No.116 dated 28.09.2020 recommended registration of BSIV diesel light and heavy-duty vehicles for public utility and essential services where CNG/petrol variants are unavailable, and where applications were pending before the Supreme Court. The Court accepted these recommendations, noting that water tankers are essential for public utility. For applicants not covered by the EPCA report, the Court applied the same yardstick, allowing registration of vehicles purchased before 31.03.2020 with temporary registration on the VAHAN portal. The Court also allowed registration of three BSIV diesel hydrant dispensers for Indian Oil Skytanking Pvt. Ltd., used for delivering aviation turbine fuel at Indira Gandhi International Airport, recognizing that CNG/petrol variants cannot be used due to safety concerns with inflammable fuel. The Court directed the Transport Department of GNCTD to register the specified vehicles, holding that an exception is warranted for essential services where alternative fuel vehicles are not feasible.
Headnote
A) Environmental Law - Vehicle Registration - BSIV Diesel Vehicles for Essential Services - Exception to CNG Mandate - The Supreme Court allowed registration of BSIV diesel water tankers and other essential service vehicles where CNG/petrol variants are not available, based on EPCA recommendations and the public utility nature of the services (Paras 1-13). B) Environmental Law - EPCA Recommendations - Binding Effect - The Court accepted EPCA's report No.116 dated 28.09.2020, which recommended registration of BSIV diesel vehicles for public utility and essential services, and directed registration of specific vehicles listed therein (Paras 6-7). C) Environmental Law - Cut-off Date - Temporary Registration - Vehicles purchased prior to 31.03.2020 and uploaded on VAHAN portal with temporary registration were permitted registration, as per EPCA guidelines (Paras 6, 8-9). D) Environmental Law - CNG Vehicles - No Objection - The Court reiterated that CNG vehicles face no objection for registration, as emissions are within limits (Para 9).
Issue of Consideration
Whether BSIV compliant diesel vehicles purchased for essential public utility services, where CNG/petrol variants are unavailable, should be permitted registration despite the general ban on diesel vehicle registration in Delhi.
Final Decision
The Supreme Court allowed all appeals and applications, directing the Transport Department of GNCTD to register the specified BSIV compliant diesel vehicles: 20 water tankers for NDMC, 2 water tankers for Delhi Cantonment Board, 2 TATA LP vehicles for Narbada Travels, 1 TATA LPO bus for Meenakshi Virmani, and 3 hydrant dispensers for Indian Oil Skytanking Pvt. Ltd. No costs were awarded.
Law Points
- Registration of BSIV diesel vehicles for public utility and essential services
- Exception to CNG conversion mandate
- EPCA recommendations binding
- Cut-off date for temporary registration
