Kerala High Court
Autobahn Trucking vs State Of Kerala on 22 March, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938
WP(C).No. 18028 of 2016 (C)
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PETITIONER :
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AUTOBAHN TRUCKING,
AUTOBAHN TRUCKING CORPORATION PVT. LTD.,
VIII/4248, NH 47, NEAR ATHANI JUNCTION,
NEDUMBASSERY P.O., KOCHI-683 585,
REPRESENTED BY ITS CHIEF OPERATING OFFICER.
BY ADV. SRI.V.KRISHNA MENON
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF TRANSPORT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1.
2. TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE,
KERALAM, TRANS TOWERS,
THIRUVANANTHAPURAM-695 001.
BY SPL.GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22-11-2016, ALONG WITH WPC.NO. 20015/2016 AND CONNECTED
CASES, THE COURT ON 08-12-2016 DELIVERED THE FOLLOWING:
sts
WP(C).No. 18028 of 2016 (C)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE CENTRAL
GOVERNMENT.
P2 TRUE COPY OF THE CIRCULAR DATED 22-3-2016 ISSUED BY THE SECOND
RESPONDENT.
P3 TRUE COPY OF THE CIRCULAR DATED 29-4-2016 ISSUED BY THE SECOND
RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
C.R.
P.B.SURESH KUMAR, J.
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WP.(C).Nos.18028, 20015, 24158, 24206, 25256
25477, 25478, 25629, 25646 & 26433 of 2016.
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Dated this the 8th day of December, 2016
J U D G M E N T
The issue raised for consideration in this batch of writ petitions is one and the same, and as such, they are disposed of by this common judgment. The documents referred to in this judgment are the documents produced by the petitioner in WP.(C).No.18028 of 2016.
2. The petitioners are concerns/firms/ companies engaged in the trade of automobiles as dealers of manufacturers. Mass Emission Standards to regulate the output of air pollutants from internal combustion engines of automobiles are set by the Central Pollution Control Board and the same are implemented WP.(C).No.18028 of 2016 & con. cases : 2 : place by place in the country by the Central Government by amending the appropriate provision in the Central Motor Vehicles Rules ('the Rules') framed under the Motor Vehicles Act, 1988 ('the Act'). Sub Rule 15(a) of Rule 115 provides that Bharat Stage IV Mass Emission Standards ('BS-IV Standards') shall come into force in thirteen cities specified therein in respect of four wheeled vehicles manufactured on or after 1.4.2010, except the four wheeled transport vehicles plying on inter-State Permits or National Permits or All India Tourist Permits, within the jurisdiction of the cities mentioned therein. Later, by virtue of the subsequent amendments introduced in the form of provisos to sub rule 15(a) of Rule 115 of the Rules, BS-IV Standards have been implemented in other cities/States also from the dates mentioned in the said provisos. Ext.P1 is the latest amendment to sub rule 15(a) of Rule 115 of the Rules. By virtue of the said amendment, BS-IV Standards have been introduced to a few States including the State of Kerala in WP.(C).No.18028 of 2016 & con. cases : 3 : respect of four wheeled vehicles manufactured on or after 01.4.2016, except for the four wheeled transport vehicles plying on inter-State Permits or National Permits or All India Permits within the jurisdiction of the said States. According to the petitioners, Ext.P1 amendment applies only to four wheeled vehicles manufactured after 01.04.2016 and the same does not apply to vehicles having more than four wheels. The Transport Commissioner of the State Government has also endorsed the said view initially by issuing Ext.P2 circular to the Registering Authorities under him by directing them to refrain from insisting BS-IV Standards for vehicles having more than four wheels. Later, the Transport Commissioner has issued Ext.P3 circular clarifying that BS-IV Standards are applicable to vehicles having more than four wheels also manufactured on or after 01.04.2016. These writ petitions are filed at that point of time challenging Ext.P3 circular on the ground that Ext.P1 amendment does not apply to vehicles having more than WP.(C).No.18028 of 2016 & con. cases : 4 : four wheels. Consequential reliefs are also sought in the writ petitions.
3. Heard the learned counsel for the petitioners, the learned Government Pleader as also the learned Assistant Solicitor General.
4. Rule 2(k) of the Rules defines 'M' category vehicles as under:
"(k) Category M" means a motor vehicle with at least four wheels used for carrying Passengers"
Rule 2(o) of the Rules defines 'N' category vehicles as under :
"Category 'N' as motor vehicle with at least four wheels used for carrying goods which may also carry persons in addition to the goods subject to the conditions specified in Para 3.2 of AIS 053-2005, as amended from time to time, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986)"
Sub rule 15 of Rule 115 of the Rules which deals with the BS-IV Standards for 'M' and 'N' category vehicles, reads thus:
"15. Mass Emission Standards (Bharat Stage IV) for M and N WP.(C).No.18028 of 2016 & con. cases : 5 : Category vehicles :
(a) the Mass Emission Standards for Bharat Stage IV shall come into force in the National Capital Region and the cities of Mumbai, Kolkata, Chennai, Bangalore, Hyderabad including Secunderabad, Ahmedabad, Pune, Surat, Kanpur and Agra in respect of four-wheeled vehicles manufactured on or after the 1st April, 2010, except the four-wheeled transport vehicles plying on Inter-State permits or National permits or All India Tourist permits within the jurisdiction of these cities :
Provided that the Mass Emission Standards (Bharat Stage- IV) shall be applicable in the cities of Sholapur and Lucknow in respect of four wheeler vehicles manufactured on or after 1st June, 2010 except the four wheeler transport vehicles plying on Inter-
State Permits or National Permits or All India Tourist Permits, within the jurisdiction of the said cities.
Provided further that the Mass Emission Standards (Bharat Stage IV) shall be applicable in the cities of Puducherry, Mathura, Vapi, Jamnagar, Ankaleshwar, Hissar, Bharatpur, Daman, Diu, Silvasa, Unnao, Rae Bareilly, Aligarh, Karnal, Valsad, Yamuna Nagar, Kurukshetra, Nizamabad, Medak and Mehboobnagar in respect of four wheeled vehicles manufactured on or after the 1st October, 2014 except the four wheeled transport vehicles plying on Inter-State Permits or National Permit or All India Tourist Permits, within the jurisdiction of the said cities. WP.(C).No.18028 of 2016 & con. cases : 6 : Provided also that the Mass Emission Standards (Bharat State IV) shall be applicable in the cities of Vrindavan, Kosi Kalan, Hindaun city, Dholpur, Ahmednagar, Mahabaleshwar, Lonwala, Palgarh, Dahanu, Talasari, Boisar, Panchagani, Mahad, Nagothana, Indapura, Vizag, Kochi, Trivandrum, Kavaratti, Nagar, Dig, Nadbai, Bhiwani, Jind, Mahendragarh, Hansi, Charki Dadri, Narnaul, Kiruli and Fatehpur Sikri in respect of four wheeler vehicles manufactured on or after the 15th July, 2015 except the four wheeler transport vehicle plying on Inter-State Permits or National Permits or All India Tourist Permits, within the jurisdiction of the said cities.
Provided also that, without prejudice to the provisions contained in the above provisos, the Mass Emission Standards, Bharat Stage IV, shall be applicable to the States of Jammu and Kashmir (except districts of Leh and Kargil), Punjab, Haryana, Himachal Pradesh, Uttarakhand and district of Hanumangarh and Sri Ganganagar in the State of Rajasthan and district of Saharanpur, Muzaffarnagar, Bijnaur, Jyotiba Phule Nagar, rampur, Moradabad, Aligarh, Badaun, Bareilly, Mathura, Mahamayanagar, Etah, Agra, Firozabad, Etawah, Mainpuri, Pilibhit, Shamli, Sambhal, Farrukabad, Kannauj, Auriya and Kasganj in the State of Uttar Pradesh in respect of four wheeled vehicles manufactured on or after the 1st October, 2015, except the four wheeled transport vehicles plying on Inter-State Permits or National Permits or All WP.(C).No.18028 of 2016 & con. cases : 7 : India Tourist Permits, within the jurisdiction of said district and States :
Provided also that, without prejudice to the provisions contained in the above provisos, the Mass Emission Standards, Bharat Stage IV, shall be applicable in the States of Goa, Kerala, Karnataka, Telangana, Odisha and the Union territories of Daman and Diu, Dadra and Nagar Haveli and Andaman and Nicobar Islands, districts of Mumbai, Thane and Pune in the State of Maharashtra and districts of Surat, Valsad, Dangs and Tapi in the State of Gujarat, in respect of four-wheeled vehicles manufactured on or after the 1st April, 2010, except the four wheeled transport vehicle plying on Inter-State Permits or National Permits or All India Tourist Permits, within the jurisdiction of the said district and States;
1st April, 2016, except the four wheeled transport vehicle plying on Inter-State Permits or National Permits or All India Tourist Permits, within the jurisdiction of the said district and States; Explanation -- For the purposes of sub-rules (14) and (15), the "National Capital Region" shall have the same meaning as assigned to it in clause (f) of Section 2 of the National Capital Region Planning Board Act, 1985 (2 of 1985).
(underline supplied) WP.(C).No.18028 of 2016 & con. cases : 8 : The underlined provisos in the sub rule quoted above are the provisos introduced by virtue of Ext.P1 amendment. As recited in the provisos introduced to sub rule 15(a) of Rule 115 of the Rules earlier, the newly introduced fifth proviso also recites that BS-IV Standards shall be applicable to four wheeled vehicles manufactured on or after the date mentioned therein other than the four wheeled vehicles specifically excluded therein. It is placing reliance on the expression 'four wheeled vehicles' contained in the provisos including the fifth proviso, the petitioners contend that the said proviso does not apply to vehicles having more than four wheels. The short question therefore, is whether vehicles having more than four wheels would fall within the scope of the fifth proviso to sub rule 15(a) of Rule 115 of the Rules introduced as per Ext.P1 amendment.
5. The learned counsel for the petitioners vehemently contended that in so far as the provision in sub rule 15(a) to the Rules and the provisos to the same, are WP.(C).No.18028 of 2016 & con. cases : 9 : categoric in its terms that it applies only to four wheeled vehicles, there is no scope for any doubt that it does not apply to vehicles having more than four wheels. According to the learned counsel, the policy of the Central Government is to introduce BS-IV Standards to vehicles stage by stage and place by place in the country and therefore, if one look at the provision contained in sub rule 15(a) and the amendments introduced to the said provision from time to time in the light of the said policy, it is evident beyond doubt that there is no intention to implement BS-IV Standards for vehicles having more than four wheels and the expression 'four wheeled vehicles' has been used in the provision for the said purpose. Per contra, the learned Assistant Solicitor General as also the learned Special Government Pleader contended that sub rule 15 of Rule 115 of the Rules deals with the BS-IV Standards for 'M' and 'N' category vehicles including vehicles having more than four wheels and therefore, such vehicles would also come within the scope of WP.(C).No.18028 of 2016 & con. cases : 10 : the provision.
6. The fact that BS-IV Standards have been made applicable to all four wheeled vehicles coming under 'M' and 'N' categories in the State with effect from 1.4.2016 is not in dispute. Likewise, the fact that vehicles having more than four wheels would also come under 'M' and 'N' categories is not in dispute. Rule 115 of the Rules is the rule dealing with emission of smoke, vapour etc. from motor vehicles. Sub rules 1 to 14 of Rule 115 deal with the Mass Emission Standards applicable to vehicles before the introduction of BS-IV Standards. In all these rules, the vehicles are categorized only into two wheelers, three wheelers and four wheelers, wherever the categorization is warranted. That is the scheme of Rule 115. There is no reference in sub rules 1 to 14 about vehicles having more than four wheels. Sub rules 15 to 17 deal specifically with BS-IV Standards, of which sub rule 15 deals with 'M' and 'N' category vehicles, sub rule 16 deals with two wheelers and WP.(C).No.18028 of 2016 & con. cases : 11 : sub rule 17 deals with three wheelers. Out of the said sub rules, sub rule 15 was introduced by way of an amendment to the Rules on 9.2.2009. The provisos to the said provision were introduced later from 2010 to 2016. Neither in the provision nor in its amendments made during the last 6 years, vehicles having wheels more than 4 have been specifically included. Instead, a common expression viz. 'four wheeled vehicles' is used in all the provisions. If one look at sub rule 15 in the light of the scheme of Rule 115 as aforesaid, it is evident that the expression four wheeled vehicles contained in sub rule 15(a) is intended to cover all motor vehicles coming under 'M' and 'N' categories. Further, when BS-IV Standards have been implemented throughout the country even for two wheeled and three wheeled vehicles manufactured after 1.4.2016, there is no reason at all to exempt vehicles having more than four wheels from the implementation of BS-IV StandardS. There is yet another reason also for me to come to the said conclusion. That is WP.(C).No.18028 of 2016 & con. cases : 12 : the heading of sub rule 15. The heading of sub rule 15 is 'Mass Emission Standards (Bharath Stage IV) for 'M' and 'N' category vehicles'. It is now trite that headings prefixed to a Rule can be regarded as preambles to the Rule and though they may not control the plain words of the statute, the same would certainly explain ambiguous words and if there is any doubt as to the interpretation of the words in the rule, the heading would certainly help to resolve the ambiguity (See Bhinka and others v. Charan Singh (AIR 1959 SC
960). Therefore, it is possible to infer the conclusion arrived at by me from the heading of the sub rule also. Above all, it is a settled principle of interpretation that the words of a statute must be understood in the sense which the legislature has in view and their meaning must not be found so much in a strictly grammatical or etymological propriety of language [See Union of India v. Sankalchand Himatlal Sheth (1977) 4 SCC 193]. While reiterating the said proposition, the Apex Court in Union of India v. WP.(C).No.18028 of 2016 & con. cases : 13 : Sankalchand Himatlal Sheth (supra) has referred to the view expressed by the Supreme Court of United States in Towne v. Eisner [(1917) 245 US 418] which reads thus:
"The words used in a statute cannot be read in isolation:
their colour and content are derived from their context, and, therefore, every word in a statute must be examined in its context. And when I use the word 'context', I mean it in its widest sense as including not only other enacting provisions of the same statute, but its preamble, the existing state of the law, other statutes in the pari materia and the mischief which - the statute was intended to remedy".
For all the aforesaid reasons, I have no hesitation to hold that Ext.P1 amendment applies to all 'M' and 'N' category vehicles. There is, therefore, no merit in the writ petitions and the same are, accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR JUDGE rsr