Supreme Court - Daily Orders
M.C. Mehta vs Union Of India on 30 November, 2021
Bench: L. Nageswara Rao, B.R. Gavai, B.V. Nagarathna
ITEM NO.1 COURT NO.5 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 13029/1985
M.C. MEHTA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
IN RE: THREE WHEELERS
(1) IA NO. 138385/2021 (APPLN. FOR DIRECTIONS ON B/O BAJAJ AUTO
LTD.)
IN RE: BS IV/BS VI VEHICLES
(1) IA NOS. 102618 AND 118668/2020 (APPLNS. FOR INTERVENTION AND
DIRECTIONS ON B/O J.R. YAMAHA)
(2) IA NO. 113087/2020 (APPLN. FOR DIRECTIONS ON B/O HARI KRISHAN
SHARMA)
(3) IA NOS. 116007 AND 115987/2020 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O SHRI SINAM PRITAM SINGH AND ORS.)
(4) IA NO. 130236/2020 (APPLN. FOR INTERIM DIRECTIONS ON BEHALF OF
KUMAR PAL SINGH)
(5) IA NOS. 129302 AND 129306/2020 (APPLNS. FOR DIRECTIONS AND
EXEMPTION FROM FILING DULY AFFIRMED AFFIDAVIT ON B/O STATE OF
MANIPUR)
(6) IA NOS. 127047 AND 127048/2020 (APPLNS. FOR INTERVENTION AND
DIRECTIONS ON B/O M/S SCORPIO PETRO)
(7) IA NOS. 118512 AND 118511/2020 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O GLOBAL FORCE MGT. SERVICE PVT. LTD.)
(8) IA NOS. 118519 AND 118517/2020 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O ECOGREEN ENVIROTECH SOLUTION LTD.)
(9) IA NO. 133381/2020 (APPLN. FOR DIRECTIONS ON B/O BHARAT
PETROLEUM CORPN. LTD.)
(10) IA NO. 121722/2020 (APPLN. SEEKING CLARIFICATION IN
IMPLEMENTATION OF ORDER DT. 13.08.2020 ON B/O HABIB ENTERPRISES)
(11) IA NOS. 134723 AND 134733/2020 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O PRADEEP KR. SHARMA AND CO.)
(12) IA NO. 31082/2021 (APPLN. FOR DIRECTIONS ON B/O MOHD. ASIF
KHAN)
Signature Not Verified
(13) IA NO. 1700/2021 (APPLN. FOR MODIFICATION OF ORDER DT.
Digitally signed by
Charanjeet kaur
Date: 2021.12.01
19.06.2020
17:08:29 IST
Reason: ON B/O DY. COMMISSIONER OF POLICE)
(14) IA NOS. 34355 AND 34358/2021 (APPLNS. FOR INTERVENTION AND
DIRECTIONS ON B/O SWETA SHARMA)
1
(15) IA NOS. 33511 AND 33965/2021 ( (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O MUNNU SINGH)
(16) IA NOS. 32756 AND 32749/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O AMBA AUTO AGENCIES)
(17) IA NOS. 38495, 38498, 38505, 38500, 38510 AND 44080/2021
(APPLNS. FOR IMPLEADMENT, DIRECTIONS, EXEMPTION FROM FILING DULY
AFFIRMED AFFIDAVIT AND EXEMPTION FROM FILING O.T. ON B/O KIRAT
SARTAJ MOTORS PVT. LTD.)
(18) IA NOS. 32802 AND 32805/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O BATRA AUTOMOBILES)
(19) IA NOS. 32803 AND 32811/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O ANAND AUTO AGENCIES)
(20) IA NOS. 32789 AND 32783/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O BATRA AUTOMOBILES (I))
(21) IA NOS. 32849 AND 32831/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O V.S. SINGHAL)
(22) IA NOS. 50904 AND 50864/2021 (APPLNS. FOR INTERVENTION AND
DIRECTIONS ON B/O DELHI MSW SOLUTION LTD.)
(23) IA NOS. 50960 AND 50962/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O M/S SREE GOKULAM MOTORS AND SERVICES PVT. LTD.,
KERALA)
(24) IA NOS. 55395 AND 55396/2021 (APPLNS. FOR INTERVENTION AND
DIRECTIONS ON B/O JAVED BASHEER AND ORS.)
(25) IA NOS. 56164 AND 56166/2021 (APPLNS. FOR INTERVENTION AND
DIRECTIONS ON B/O SAMEER KR. PARATE)
(26) IA NO. 66040/2021 (APPLN. FOR PERMISSION TO REGISTER EURO III
COMPLAINT OXYTRUCKS ON BEHALF OF STATE OF HARYANA)
(27) IA NO. 66504/2021 (APPLN. FOR DIRECTIONS ON B/O EAST DELHI
MUNICIPAL CORPORATION)
(28) IA NO. 66856/2021 (APPLN. FOR DIRECTIONS ON B/O NORTH DELHI
MUNICIPAL CORPORATION)
(29) IA NO. 72363/2021 (APPLN. FOR DIRECTIONS ON B/O MAIL MOTOR
SERVICE, POST AND TELEGRAPH DEPARTMENT)
(30) IA NO. 57084/2021 (APPLN. FOR DIRECTIONS ON B/O ARORA MOTORS)
(31) IA NOS. 61308 AND 61309/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O PRADEEP KUMAR)
(32) IA NO. 94737/2021 (APPLN. FOR DIRECTIONS ON B/O DIRECTORATE OF
HEALTH SERVICES, GOVT. OF NCT OF DELHI)
(33) IA NOS. 105997 AND 106002/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O OM SAI MOTORS)
(34) IA NOS. 108649 AND 108650/2021 (APPLNS. FOR INTERVENTION AND
DIRECTIONS ON B/O MOHD. SHAKIR)
(35) IA NO. 127713/2021 (APPLN. FOR DIRECTION ON B/O NORTH DELHI
MUNICIPAL CORPN.)
(36) IA NO. 134225/2021 (APPLN. FOR INTERIM DIRECTIONS ON B/O
BITTOO TOUR AND TRAVELS)
(37) IA NO. 138633/2021 (APPLN. FOR CLARIFICATION OF ORDER DT.
24.11.2020)
(38) IA NOS. 110383 AND 110384/2021 (APPLNS. FOR INTERVENTION AND
DIRECTIONS ON B/O CHAITANYA JAIN)
(39) IA NOS. 141519 AND 152459/2021 (APPLNS. FOR IMPLEADMENT AND
DIRECTIONS ON B/O GURUDWARA SRI GURU SINGH SABHA)
2
IN RE: PET COKE
(1) IA NOS. 95814 AND 95815/2020 (APPLNS. FOR IMPLEADMENT AND
DIRECTION ON B/O SANGHVI TECHNO PRODUCTS)
(2) IA NO. 115613/2021 (APPLN. FOR CLARIFICATION OF ORDER DATED
09.10.2018 ON BEHALF OF RAIN CII CARBON (VIZAG) LIMITED)
IN RE: ALLOCATION OF NATURAL GAS TO M/S INDRAPRASTHA GAS LIMITED
(1) I.A. NOS. 250-251/2005 (FOR STAY ON BEHAL OF INDRAPRASTHA GAS
LIMITED)
(2) I.A. NO. 266/2005 (FOR DIRECTIONS ON B/O HARYANA CITY GAS
DISTRIBUTION LTD.)
(3) I.A. NO. 346/2013 (FOR DIRECTIONS ON B/O INDRAPRASTHA GAS LTD.)
(4) I.A. NO. 73432/2017 (FOR INTERIM STAY AND DIRECTIONS ON B/O
HARYANA CITY GAS DISTRIBUTION LTD.)
(5) I.A. NO. 104664/2017 (APPLICATION FOR DIRECTIONS ON B/O
INDRAPRASTHA GAS LTD.)
(6) I.A. NO. 131093/2017 (FOR DIRECTIONS ON B/O HARYANA CITY GAS
DISTRIBUTION LTD.)
(7) I.A. NO. 23814/2018 (FOR DIRECTIONS ON B/O HARYANA CITY GAS
DISTRIBUTION LTD.)
(8) I.A. NO. 72559/2018 (FOR DIRECTIONS ON B/O HARYANA CITY GAS
DISTRIBUTION LTD.)
(9) I.A. NO. 131352/2018 (APPLN. FOR DIRECTIONS ON B/O HARYANA CITY
GAS DISTRIBUTION LTD.)
(10) IA NO. 26454/2019 (APPLN. FOR DIRECTIONS ON B/O HARYANA CITY
GAS DISTRIBUTION LTD.)
(11) IA NO. 137922/2019 (APPLN. FOR INTERVENTION IN IA NO.
26454/2019 ON B/O TORRENT GAS PVT. LTD.)
(12) IA NO. 139254/2019 (APPLN. FOR INTERVENTION IN IA NO.
26454/2019 ON B/O GUJARAT GAS LTD.)
(13) IA NO. 105664/2020 (APPLNS. FOR DIRECTIONS ON B/O HARYANA
CITY GAS DISTRIBUTION LTD.)
(14) IA NO. 126864/2020 (APPLNS. FOR DIRECTIONS ON B/O HARYANA
CITY GAS DISTRIBUTION LTD.)
(15) IA NOS. 9577/2021 AND 13940/2021 (APPLNS. FOR DIRECTIONS AND
PERMISSION TO FILE ADDL. DOCUMENTS ON B/O HARYANA CITY GAS
DISTRIBUTION LTD.)
(16) IA NO. 110784/2020 (APPLICATION FOR DIRECTIONS ON BEHALF OF
INDRAPRASTHA GAS LIMITED)
(17) IA NO. 10953/2021(APPLN. FOR INTERVENTION IN IA NO.
105664/2020 ON B/O TORRENT GAS PVT. LTD.)
(18) IA NO. 11429/2021(APPLN. FOR INTERVENTION IN IA NO.
105664/2020 ON B/O GUJARAT GAS LTD.)
(19) IA NOS. 66000 AND 66002/2021 (APPLICATIONS FOR DIRECTIONS AND
EXEMPTIONED FROM FILING AFFIRMED AFFIDAVIT ON BEHALF OF
INDRAPRASTHA GAS LIMITED)
3
(20) IA NO. 74455/2021 (APPLICATION FOR DIRECTIONS ON BEHALF OF
INDRAPRASTHA GAS LIMITED)
(21) IA D. NO. 80971/2021 (APPLN. FOR PERMISSION TO FILE ADDITIONA
DOCUMENTS IN IA NO. 74455/2021 ON B/O HARYANA CITY GAS DISTRIBUTION
LTD.
(22) IA NO. 122055/2021 (APPLN. FOR DIRECTIONS ON B/O HARYANA CITY
GAS DISTRIBUTION LTD.)
Date : 30-11-2021 These applications were called on for hearing
today.
CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For the parties : Mr. Harish N. Salve, Sr. Adv (A.C.)[NP]
Ms. Aparajita Singh, Sr. Adv(A.C.)
Mr. A.D.N. Rao, Adv (A.C.)
Mr. Siddhartha Chowdhury, Adv (A.C.)
Applicant-in-person
Petitioner-in-person
Mr. Mukesh Kumar Maroria, AOR
Mr. P. K. Jain, AOR
Mr. Saurabh Jain, Adv.
Mr. Samindra Kumar Tripathi, Adv.
Mr. P.K. Goswami, Adv.
Mr. S.P. Singh Rathore, Adv.
Mr. Tushar Mehta, Ld. SG
Ms. Aishwarya Bhati, Ld. ASG
Mr. S. Wasim Qadri, Sr. Adv.
Mr. Vibhu Shankar Mishra, Adv.
Mr. Tushar Mehta, Ld. SG
Ms. Aishwarya Bhati, Ld. ASG
Mr. S. Wasim Qadri, Sr. Adv.
Mr. D L Chidanand, Adv.
Ms. Suhashini Sen, Adv.
Mr. Rajesh Kr. Singh, Adv.
Mr. S.S. Rebello, Adv.
Mr. Subhranshu Padhi, Adv.
4
Ms. Archana Pathak Dave, Adv.
Mr. Vibhu Shankar Mishra, Adv.
Mr. Mani Shankar Mishra, Adv.
Mr. R.D. Singh, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Amrish Kumar, AOR
Mr. B.V. Balaram Das, AOR
Mr. Ramesh Babu M. R., AOR
Mr. Rajesh Kumar Chaurasia, AOR
Mr. Sushil Kumar Jain, AOR
Mr. K. R. Sasiprabhu, AOR
Mr. Rajiv Ranjan Dwivedi, AOR
I.A.115613/2021 Dr. A.M. Singhvi, Sr. Adv
Mr. C.S. Vaidyanathan, Sr. Adv
Mr. Mahesh Agarwal, Adv
Ms. Poonam Verma, Adv
Mr. Arshit Anand, Adv
Mr. Saunak Rajguru, Adv
Ms. Sakshi Kapoor, Adv
Mr. E. C. Agrawala, AOR
Mr. Ravindra Kumar, AOR
M/S. S. Narain & Co., AOR
Mrs. B. Sunita Rao, AOR
CPCB. Mr. Vijay Panjwani, AOR
Ms. Ruchi Kohli, AOR
Mr. Radha Shyam Jena, AOR
Mr. Hardeep Singh Anand, AOR
Mr. V. K. Verma, AOR
Mr. Sanjeev Sen, Sr. Adv.
Mr. Praveen Swarup, AOR
Ms. Payal Swarup, Adv.
Mr. Syed Jafar Husain, Adv.
Ms. Archana Sahrma, Adv.
Mr. K.P. Singh, Adv.
Mr. P. Parmeswaran, AOR
Mr. Anil Grover, Sr. AAG
Dr. Monika Gusain, AOR
Mr. Aniruddha Deshmukh, AOR
Mr. Ajit Pudussery, AOR
Mrs. Rani Chhabra, AOR
Mr. Bikash Chandra, Adv
Mr. Rajeev Kumar Deora Adv
5
Mr. Inder Mohan Singh Adv
Mr. Ish Karan Singh Chhabra Adv
Ms. Sujeeta Srivastava, AOR
Ms. Hemantika Wahi, AOR
M/S. M. V. Kini & Associates, AOR
Ms. Manjula Gupta, AOR
Mr. Abhishek, AOR
Mr. Anil Kumar Jha, AOR
Mr. Shri Narain, AOR
Mr. Sudhir Mendiratta, AOR
Mr. Pradeep Kumar Bakshi, AOR
M/S. Saharya & Co., AOR
M/S. Khaitan & Co., AOR
Mr. Mohit D. Ram, AOR
Mrs. K. Sarada Devi, AOR
Mr. Sandeep Narain, AOR
Mrs. Bina Gupta, AOR
Mr. Chirag M. Shroff, AOR
Mr. Ravindra Bana, AOR
Mr. T. V. Ratnam, AOR
Mr. G. Prakash, AOR
Mr. Jishnu M.L., Adv.
Mr. Mukesh K. Giri, AOR
Mr. Prashant Kumar, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. S. S. Shroff, AOR
Mr. Umesh Kumar Khaitan, AOR
Mrs. Anil Katiyar, AOR
Ms. Binu Tamta, AOR
Mr. Pramod Dayal, AOR
Mr. Surya Kant, AOR
State of Haryana Mr. Anil Grover, SR. AAG,
Ms. Noopur Singhal, Adv.
Mr. Rahul Khurana, Adv.
Mr. Satish Kumar, Adv.
Mr. Sanjay Kumar Visen, AOR
Mr. Bhanwar Jadon, Adv.
Mr. Sanjeev Prakash Upadhyay, Adv.
State of Tami Nadu Dr. Joseph Aristotle S, AOR
Ms. Preeti Singh, Adv.
Ms. Ripul Swati Kumari, Adv.
Mr. sanjeev Kumar Mahara, Adv.
Mr. Rakesh Kumar-i, AOR
Mr. Ashok Mathur, AOR
Mr. R. P. Gupta, AOR
Mr. S. K. Bhattacharya, AOR
Mr. Sushil Kumar Singh, AOR
6
Ms. Shalini Kaul, AOR
Mr. Pavan Kumar, AOR
Mr. Rakesh K. Sharma, AOR
Mr. Munawwar Naseem, AOR
Ms. Sanjna Dua, Adv.
Mr. Mohit Budhiraja, Adv.
Ms. Tanuja Dhoulakhandi, Adv.
Ms. Pinki Mehra, Adv.
Ms. Shipra Malhotra, Adv.
Mr. Satya Mitra, AOR
Mr. Balaji Srinivasan, AOR
Ms. Nandini Gidwaney, AOR
Mrs. Priya Puri, AOR
Mr. Ejaz Maqbool, AOR
M/S. Parekh & Co., AOR
Mr. Parijat Sinha, AOR
IA 138385/21 Mr. KV Viswanathan, Sr. Adv.
Mr. Arun Sri Kumar, Adv.
Ms. Pritha Srikumar Iyer, AOR
Ms. Mansi Binjrajka, Adv.
Mr. Amartya Sharan, Adv.
Ms. Nikita Garg, Adv.
IA 55395-96/21 Mr. Arun Sri Kumar, Adv.
Ms. Nikita Garg, Adv.
Ms. Kiran Bhardwaj, AOR
Ut Of Andaman &
Nicobar Admn Ms. G. Indira, Aor
Mr. Nitin Saluja, AOR
Ms. Shalu Sharma, AOR
Mr. R. C. Kohli, AOR
Mr. Kuldip Singh, AOR
Mr. Neeraj Kumar Gupta, AOR
Mr. Pranav Kishore Jha, Adv.
Mr. Upendra Mishra, Adv.
Mr. Ranjit K Singh, Adv.
Mr. Jogy Scaria, AOR
Ms. Beena Victor, Adv.
Mr. Vinod Yadav, Adv.
Ms. Keerthi Priyan. E, Adv.
Ms. M. Priya, Adv.
State of Raj. Dr. Manish Singhvi, Sr. Adv.
Mr. Arpit Parkash, Adv.
Mr. Sandeep Kumar Jha, AOR
7
State of Gujarat Ms. Deepanwita Priyanka, AOR
Mr. Mohit Paul, AOR
Mr. M. P. Devanath, AOR
Mr. Vivek Singh, Adv.
Mr. C.P. Rajwar, Adv.
Mr. Chandra Prakash, AOR
Mr. Vinodh Kanna B., AOR
Mr. Arjun Syal, Adv.
Mr. Mithu Jain, AOR
Mr. Shreyan Das, Adv.
Mr. Rushil, Adv.
Mr. Kartikay Trivedi, Adv.
Mr. Sameer Shrivastava, AOR
Mr. Vikrant Singh Bais, AOR
I.A. 33511, 33965/ Dr. Brij Bhushan K. Jauhari, Adv
2021 Mr. Sunil Bhatnagar, Adv.
Mr. Harsh Mahan, Adv.
Mr. O.P. Singh, Adv.
Mr. Atul Mahan, Adv.
Ms. Purnima Jauhari, AOR
Mr. Ravindra Raizada, Sr. Adv./AAG, U.P.
Mr. Rajeev Kumar Dubey, Adv
Mr. Ashiwan Mishra, Adv
Mr. Anurag Tiwari, Adv
Mr. Kamlendra Mishra, AOR
Mr. Ayush Sharma, AOR
Ms. Manju Jetley, AOR
Mr. Pranav Sachdeva, AOR
Ms. Charu Ambwani, AOR
Ms. Misha Rohatgi, AOR
Mr. B.P. Sahu, Sr. Adv.
Mrs. Rajani. K. Prasad, Adv.
Mr. Sanveer Mehlwal, Adv.
Ms. Geetanjali Mehlwal, Adv.
Mr. B. Krishnaprasad, Adv.
Ms. N. Annapoorani, AOR
State of HP Mr. Vikas Mahajan, Sr. Adv
Mr. Vivek Mahajan, Adv
Mr. Vinod Sharma, AOR
Mr. Vidit Anand Adv
Mr. Anil Kumar, Adv
Mr. Arun Singh, Adv
8
Mr. Parjat Som, Adv
Mr. Surinder Singh Manak, Adv
Mr. Mritunjay Kumar Sinha, AOR
IA 50904,50864/21 Mr. Matrugupta Mishra, Adv.
Ms. Ishita Thakur, Adv.
Mr. Ketan Paul, AOR
Ms. Tulika Mukherjee, AOR
Mr. Sunil Fernandes, AOR
Mr. Pradeep Misra, AOR
Mr. Suraj Singh, Adv.
Mr. Bhuwan Chandra, Adv.
Mr. Manoj Kr. Sharma, Adv.
Mr. Nishit Agrawal, AOR
Ms. Surabhi Sanchita, AOR
Ms. Divya Jyoti Singh, AOR
GPCB Ms. Nidhi Jaswal, AOR
State of Punjab Ms. Ranjeeta Rohatgi, AOR
Mr. Vinay Garg, AOR
Mr. Prakash Ranjan Nayak, AOR
Mr. Soumya Dutta, AOR
Ms. Sakshi Kakkar, AOR
Mr. Anas Tanwir, AOR
Mr. Shishir Deshpande, AOR
IA 110383 & 110384/ Mr. Harsh V. Surana, AOR
2021
Mr. Vivek Gupta, AOR
Mr. Akshay Girish Ringe, AOR
Mr. Vishwajit Singh, AOR
Mr. Tushar Mehta, Ld. SGI
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Anupama Ngangom, Adv.
Mr. Karun Sharma, Adv.
Mr. Shovan Mishra, AOR
Ms. Bipasa Tripathy, Adv.
Mr. Aakarshan Aditya, AOR
State of Meghalaya Mr. Avijit Mani Tripathi, AOR
Mr. T.K. Nayak, Adv.
Ms. Divya Roy, AOR
Mr. Rishi Matoliya, AOR
9
Mr. Gautam Narayan, AOR
Ms. Jyoti Mendiratta, AOR
Ms. Surbhi Mehta, AOR
Ms. Shagun Matta, AOR
Mr. Anil Kumar, AOR
IA 121722/2020 Mr. Shafiq Khan, Adv.
Ms. Sundri, Adv.
Mr. Shagir Khan, Adv.
Mr. Parminder Singh Bhullar, AOR
IA 141519, 152459/
2021 Mr. Sumit Chander, Adv.
Mr. Nishit Agrawal, Adv.
Mr. Harsh Mishra, Adv.
Mr. Gurdeep Chauhan, Adv.
Ms. Nidhi Agrawal, AOR
IA 61309/21 Mr. Ashutosh Dubey, AOR
Mr. Abhishek Chauhan, Adv.
Ms. Rajshri Dubey, Adv.
Mr. Amit P. Sahi, Adv.
Mr. H.B. Dubey, Adv.
Mr. Amit Kumar, Adv.
Mr. Sidhesh Kotwal, Adv.
Ms. Ana Upadhyay, Adv.
Ms. Maniya Hasija, Adv.
Ms. Pragya Barsaiyan, Adv.
Mr. Akash Singh, Adv.
Mr. Nirnimesh Dube, AOR
Mr. Mahfooz Ahsan Nazki, AOR
Mr. Polanki Gowtham, Adv.
Mr. Shaik Mohamad Haneef, Adv.
Mr. T. Vijaya Bhaskar Redyy, Adv.
Mr. K.V. Girish Chowdhary, Adv.
Mr. Arvind Anand, Adv.
Mr. Nirnimesh Dube, AOR
Mr. Shekhar Kumar, AOR
IA 130236/20, Ms. Nidhi Mohan Parashar, AOR
134225/21 Mr. Vikrant Kumar, Adv.
Ms. Mayuri Raghuvanshi, AOR
I A. 94737/2021 Mr. Naushad Ahmad Khan, Adv.
Mr. Danish Zubair Khan, AOR
Mr. Mukesh Verma, Adv.
10
Mr. Yash Pal Dhingra, AOR
Mr. Rajan Narain, AOR
Mr. Neeraj Shekhar, AOR
IA 108649, 108650/ Ms. Shashi Kiran, AOR
2021 Mr. Vaibhav Maheshwari, Adv.
Dr. Satish Chandra, Adv.
Mr. Sumit Pachkhande, Adv.
Ms. Sangeeta Bhalla, Adv.
State of Karnataka Mr. V. N. Raghupathy, AOR
Ms. Diksha Sharma, Adv.
Mr. Subhro Sanyal, AOR
Mr. Shyam Divan, Sr. Adv.
Mr. Gopal Jain, Sr. Adv.
Mr. Saurav Agarwal, Adv.
Mr. Anshuman Choudhary, Adv.
Mr. Deepayan Mandal, AOR
Ms. Jaikriti S. Jadeja, AOR
Mr. Rishi Malhotra, AOR
IA 95814,95815 Ms. Anushree Prashit Kapadia, AOR
Ms. Priyanka Rathi, Adv.
Mr. Uday Gupta, Adv.
Ms. Shivani M. Lal, Adv.
Mr. M.K. Tripathi, Adv.
Mr. Harish Dasan, Adv.
Mr. Rajiv Ranjan, Adv.
Mr. Hiren Dasan, AOR
M/S. Karanjawala & Co., AOR
Ms. Astha Tyagi, AOR
Mr. T. R. B. Sivakumar, AOR
IA 105997, 106002/ Mr. Vibhakar Mishra, Adv.
2021 Mr. Nischal Kumar Neeraj, AOR
Mr. M. Shoeb Alam, AOR
Mr. Yoginder Handoo, AOR
Mr. Prasanna S., AOR
Mr. Rajiv Yadav, AOR
Mr. D. Abhinav Rao, AOR
Ms. Diksha Rai, AOR
IA 38495,38498 & Mr. Aditya Shankar Prasad, Adv.
38505/2021 Mr. Sameer Kumar, AOR
Mr. Shahrukh Ahmad, Adv.
Mr. Mandeep Bainsala, Adv.
11
Mr. Gaurav, AOR
Ms. Madhumita Bhattacharjee, AOR
Ms. Srija Choudhury, Adv.
Mr. Gopal Jha, AOR
Mr. Nishant Verma, Adv.
Mr. Amrish Kumar, AOR
State of Sikkim Mr. Raghvendra Kumar, Adv.
Mr. Anand Dubey, Adv.
Mr. Samanta Kumar, Adv.
Mr. Narendra Kumar, AOR
Ms. Astha Sharma, AOR
IA 102618, 118668/ Mr. Sandeep Singh, AOR
2020 Mr. Pradeep Kumar Sharma, Adv.
Mr. Debojit Borkakati, AOR
Mr. Durga Dutt, AOR
Ms. Rashmi Malhotra, AOR
Mr. Vipin Nair, AOR
Mr. P.B. Suresh, Adv.
Mr. Arindam Ghosh, Adv.
Mr. Prakash Baghel, Adv.
Mr. Anshuman Bahadur, Adv.
Ms. Puja Sharma, AOR
Mr. Manish Kumar, AOR
State of Tripura Mr. Shuvodeep Roy, AOR
Mr. Kabir Shankar Bose, Adv.
Mr. Ishaan Borthakur, Adv.
Ms. Aswathi M.K., AOR
Mr. Ravi Prakash, AOR
Mr. Piyush Joshi, Adv.
Mr. Senthil Jagadeesan, AOR
Ms. Sumiti Yadava, Adv.
Ms. Mrinal Kanwar, Adv.
Ms. Sonakshi Malhan, Adv.
Mr. Sajal Jain, Adv.
IA 50960/2021 Mr. P.S. Amalraj, Adv.
Mr. Gowthaman, Adv.
Mr. Ram Sankar, Adv.
Ms. Sujatha Bagadhi, Adv.
Ms. G. Chitrakala, Adv.
12
Ms. Divya, Adv.
Mr. Anir Veda Sharma, Adv.
Mr. G. Jai Singh, Adv.
Mr. A. Vasanthakumar, Adv.
M/S. Ram Sankar & Co, AOR
Mr. Raj Bahadur Yadav, AOR
Mr. Ravindra S. Garia, AOR
State of Nagaland Ms. K. Enatoli Sema, AOR
Mr. Amit Kumar Singh, Adv.
Ms. Chubalemia Chang, Adv.
Mr. Anurag Kishore, AOR
State of T.N. Mr. D. Kumanan, AOR
Mr. Sheikh Fakhruddin Kalia, Adv.
State of Jharkhand Mr. Tapesh Kumar Singh, AOR
Mr. Aditya Pratap Singh, Adv.
Mr. Aditya Narayan Das, Adv.
Mr. D. N. Goburdhan, AOR
Ms. Lubna Naaz, AOR
Mr. Rakesh Kumar,AOR
Mr. Sataroop Das, Adv.
Mr. R.D. Upadhyay, AOR
UPON hearing the counsel the Court made the following
O R D E R
IN RE: THREE WHEELERS IA NO.138385/2021 (S.No.1) Issue notice to the Union of India and Govt. of NCT Delhi.
Mr. G.S. Makker, learned counsel accepts notice on behalf of the Union of India and Ms. Jyoti Mehndiratta, learned counsel accepts notice on behalf of Transport Department, Govt of 13 NCT Delhi.
Counter affidavit, if any, be filed within two weeks.
List on 15.12.2021.
IN RE: BS IV/BS VI VEHICLES IA NOS.102618 & 118668/2020, 113087/2020, 130236/2020, 118512 & 118511/2020, 134723 & 134733/2020, 33511 & 33965/2021, 50960 & 50962/2021, 57084/2021, 61308 & 61309/2021, 105997 & 106002/2021 (S.Nos.2,3,5,8,12,16,24,31,32,34) These applications have been filed on behalf of the owners/dealers of BS-IV vehicles where the sales of the vehicles have been registered on the e-Vahan portal and temporary/permanent registration was granted to these vehicles prior to 31.03.2020. By an Order dated 13.08.2020, this Court took notice of the fact that a large number of sales have been made and uploaded on e-Vahan portal and temporary registrations were made during the lock-down period. By the said order this Court reiterated the order passed on 27.3.2020 that no registration of BS-IV vehicles can be done in Delhi and NCR. Registration of vehicles could be done for the rest of the country provided, the sales are uploaded on e-Vahan 14 portal.
Mr. A.D.N. Rao, learned Amicus Curiae relied upon an order passed by this Court on 02.11.2020 by which individual applications were permitted to be withdrawn to enable the applicants to approach the respective High Courts for the relief relating to registration of their vehicles.
We have perused an Order passed by this Court on 15.06.2020, in which it was made clear that no registration of any BS-IV vehicles can be made without the permission of this Court. Learned counsel appearing for the applicants submitted that relegation of the applicants to the High Courts would not serve any purpose in view of the Order dated 15.06.2020.
Sales of the vehicles which have been uploaded on e-Vahan portal before 31.03.2020 can be registered by the concerned transport authorities provided that the temporary/permanent registration was granted before the cut off date, i.e. 31.03.2020. The concerned transport authorities are directed to carefully scrutinize the records to ensure that the sales are genuine and have taken place prior to 31.03.2020.
Interlocutory Applicantions stand disposed of. 15 IA Nos. 116007 & 115987/2020, IA No. 129302 & 129306/2020 (S.Nos.4,6) These applications are filed seeking a direction to the concerned authorities of the State of Manipur to register BS-IV vehicles sold before 31.03.2020 but their registrations are not done. Learned counsel appearing for the applicants submitted that the e-Vahan portal was started only on 28.09.2020 and one of the conditions for registration of BS-IV vehicles which were sold prior to 31.03.2020 is registration of sales on e-Vahan portal. Mr. Tushar Mehta, learned Solicitor General submitted that the permission may be granted for registration of vehicles which were sold prior to 31.02.2020 as a one time measure.
The concerned authorities of the transport department of the State of Manipur are directed to register BS-IV vehicles which were sold prior to 31.03.2020 without insisting on the transactions being uploaded on e-Vahan portal. A careful scrutiny shall be done by the transport authorities to find out that the transactions are genuine and the sales were done prior to 31.03.2020. This order which is passed for the State of Manipur is in the peculiar facts and circumstances of this case.
Interlocutory Applications stand disposed of. 16 IA Nos. 118519 & 118517/2020, IA No. 31082/2021, IA Nos. 32756 & 32749/2021, IA Nos. 32802 & 32805/2021, IA Nos. 32803 & 32811/2021, IA Nos. 32849 & 32831/2021, IA Nos. 56164 & 56166/2021, IA No. 66504/2021, IA No. 66856/2021, IA No. 72363/2021, IA No. 134225/2021, IA Nos. 141519 & 152459/2021 These applications have been filed for registration of CNG vehicles which are not being registered by the transport authorities as a limited interpretation of the orders of this Court. The order dated 18.09.2020 passed by this Court makes it clear that in so far as CNG vehicles are concerned, registration cannot be rejected as the emission from such vehicles is within the limits. In spite of the Order dated 18.09.2020, in which the direction was given in clear terms, the transport authorities have unnecessarily driven these applicants to approach this Court.
The concerned transport authorities are directed to register the CNG vehicles.
Interlocutory Applications relating to registration of CNG vehicles stand disposed of. IA NO. 133381/2020 (APPLICATION FOR DIRECTIONS ON B/O BHARAT PETROLEUM CORPN. LTD.) 17 This application has been filed by Bharat Petroleum Corporation Limited seeking registration of 1 BS IV Diesel Vehicle (Aircraft Refueller) TATA SIGNA 3518 S. CR (BS-IV) Chassis No. MAT503059JAC05195 Engine No. 81B84456983 of Bharat Petroleum Corporation Limited.
According to the applicant, this vehicle was purchased in the year 2018 along with other vehicles, which have been registered.
Mr. A.D.N. Rao, learned Amicus Curiae has brought to our notice that I.A. No. 121389/2019 filed by the applicant in Civil Appeal No. 9783/2018 was dismissed by this Court vide order dated 31.07.2020. However, by order dated 02.11.2020, this Court allowed registration for similar vehicles pertaining to M/s Indian Oil Skytanking Private Ltd. in IA No. 108186/2020 and made exception to the vehicles which are BS-IV Hydrant Dispensers used for public utility and essential services of delivering Aviation Turbine Fuel to the aircraft tanks.
There is no dispute that similar vehicles were registered by the authorities pursuant to the order dated 02.11.2020. Accordingly, we direct registration of 1 BS IV Diesel Vehicle (Aircraft Refueller) TATA SIGNA 3518 S. CR (BS-IV) Chassis No. MAT503059JAC05195 Engine No. 81B84456983 of Bharat 18 Petroleum Corporation Limited.
IA NO. 1700/2021 (APPLICATION FOR MODIFICATION OF ORDER DT. 19.06.2020 ON B/O DY. COMMISSIONER OF POLICE) This application has been filed on behalf of the Deputy Commissioner of Police, Provisioning & Logistics, Delhi seeking modification of the order dated 19.06.2020 passed by this Court in I.A. No. 142872/2019 in terms of EPCA Report No. 116, whereby EPCA recommended registration of one Mini Bus BS IV Diesel vehicle and for a direction to the Transport Authority to register the Tata Mini Bus BS-IV Diesel vehicle.
Learned Amicus Curiae submits that inadvertently, the registration of the vehicle was not covered in the order dated 19.06.2020. Further, EPCA in its Report No.116 has recommended for registration of the vehicle used for public utility.
The concerned Transport Authority is directed to register Tata Mini Bus BS – IV Diesel Chassis No. MAT512005JFH14655.
IA NOS. 50904 AND 50864/2021 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON B/O DELHI MSW SOLUTION LTD.) These applications have been filed on behalf of M/s Delhi MSW Solutions Limited seeking a 19 direction to Transport Department, Government of NCT of Delhi for registration of 12 Diesel BS-VI compliant vehicles. We are informed by the Ld. Counsel appearing for the applicant that in the order dated 09.04.2021, this Court allowed registration of 46 Tata Ace CNG Vehicles, and 2 Water Jetting Machines CNG vehicles.
The Transport Department, Government of NCT of Delhi is directed to register 12 Diesel BS-VI compliant vehicles the details of which are provided in the Annexure-F of the application. IA NOS. 55395 AND 55396/2021 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON B/O JAVED BASHEER AND ORS.) Javed Basheer and Ors. have filed these applications seeking registration of non-homologated vehicles which were updated on e-vahan on 28.03.2020 but could not be registered before 31.03.2020 as they were imported vehicles.
Though the transactions were uploaded on E- Vaahan Portal on 28.03.2020, the vehicles could not be registered as they were imported and not manufactured in India. We are of the considered view that the vehicles require to be registered as the transaction has taken place prior to 31.03.2020 and the registration could not take place because 20 the vehicles have been imported. The Transport Authorities are directed to register four motorcycles.
IA NO. 66040/2021 (APPLN. FOR PERMISSION TO REGISTER EURO III COMPLAINT OXYTRUCKS ON BEHALF OF STATE OF HARYANA) This application has been filed by the State of Haryana seeking permission to register Euro III Compliant Oxytrucks to cater to the need of oxygen at different hospitals.
Learned Amicus Curiae submits that Oxytrucks were donated by Raytheon Technologies, Germany and they have been put to good use when the country was gasping for breath during the covid period.
Though they are only BS-III compliant, we are of the opinion that an exception can be made to these oxytrucks. The Transport Authorities are directed to register the four Oxytrucks which chassis numbers ZCFAD1EG60/2681878 (Model No. ML120E22-E3); ZCFAD1EG20/2681876 (Model No. ML120E22-E3); ZCFAD1EG80/2681879 (Model No. ML120E22-E3); and ZCFAD1EG40/2681877 (Model No. ML120E22-E3).
IA NOS. 38495, 38498, 38505, 38500, 38510 AND 44080/2021 (APPLNS. FOR IMPLEADMENT, DIRECTIONS, EXEMPTION FROM FILING DULY AFFIRMED AFFIDAVIT AND EXEMPTION FROM FILING O.T. ON B/O KIRAT SARTAJ 21 MOTORS PVT. LTD.) In terms of order dated 02.11.2020, the applicants are permitted to withdraw these applications with liberty to approach the Patna High Court. We modify the order dated 15.06.2020 to the effect that High Courts can entertain Writ Petitions for registration of BS IV vehicles purchased prior to 31.03.2020 and uploaded on the E-Vahan web-portal before that date.
The applications are dismissed as withdrawn with aforesaid liberty.
IA NO. 94737/2021 (APPLN. FOR DIRECTIONS ON B/O DIRECTORATE OF HEALTH SERVICES, GOVT. OF NCT OF DELHI) This application has been filed by Directorate of health Services, Govt. of NCT of Delhi to direct the Transport Department, Govt. of NCT of Delhi for registration of 2 (two) BS IV vehicles bearing Chassis NO. P005410 and P005414 which were being used for essential public utility services.
Two BS IV vehicles which were being used for essential public utility services have not been registered on the ground that they only have a temporary registration and have not been uploaded on E-Vahan Portal.
These vehicles have been purchased in the year 2019 and they are being utilized for public 22 services. The concerned Transport Department, Govt. of NCT of Delhi is directed to register 2 (two) BS IV vehicles bearing Chassis NO. P005410 and P005414. IA NOS. 108649 AND 108650/2021 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON B/O MOHD. SHAKIR) Mohd. Shakir purchased Honda Amaze from Nath Motors Private Limited on 18.02.2019. The vehicle was not registered by the Motor Licensing Authority on the ground that the trade certificate of Nath Motors Private Limited expired in the year 2019 and no application had been filed by Nath Motors Private Limited for renewal of the trade certificate.
Considering the fact that the vehicle is BS IV compliant and was purchased in the year 2019 but could not be registered for the reasons beyond control of the applicant, the Licensing Authority is directed to register Honda Amaze Car bear chassis No. MAKDF5SBANK4016820, Key No. H225, Engine No. L12B44045000.
IA NO. 138633/2021 (APPLN. FOR CLARIFICATION OF ORDER DT. 24.11.2020) The Transport Department, Govt. of NCT of Delhi has filed this application seeking clarification of order dated 24.11.2020 as to whether the vehicles sold between 27.03.2020 to 31.03.2020 when the nation was in lockdown due to 23 pandemic should be registered.
By an order dated 27.03.2020, this Court directed that no registration of BS-IV vehicles shall be done in Delhi and NCR region. On 13.08.2020, this Court clarified the order dated 27.03.2020 by re-affirming that no registration of the vehicle of BS-IV should be made after 31.03.2020.
In an application filed by the Federation of Automobile Dealers Association, this Court on 24.11.2020 directed registration of vehicles which were sold prior to 31.03.2020 and were granted permanent registration prior to that date.
In IA NOS.102618 & 118668/2020, 113087/2020, 130236/2020, 118512 & 118511/2020, 134723 & 134733/2020, 33511 & 33965/2021, 50960 & 50962/2021, 57084/2021, 61308 & 61309/2021, 105997 & 106002/2021, we have already granted registration for vehicles which were sold prior to 31.03.2020 and were permanently / temporarily registered and were uploaded on e-Vahan Portal prior to 31.03.2020.
Order dated 24.11.2020 is clarified to the effect that all vehicles sold between 27.03.2020 to 31.03.2020 shall be registered provided the transactions have been uploaded on E-Vaahan Portal and the temporary/permanent registration was granted before the cut off date i.e. 31.03.2020. 24 IA NOS. 110383 AND 110384/2021 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON B/O CHAITANYA JAIN) The applicant on shifting his residence to Delhi sought for registration of a Motorcycle purchased in the year 2019 and was registered with Transport Authority, Ranga Reddy District, Telangana.
As this is the case for transfer of registration, we direct the Transport Authority, Government of NCT of Delhi to assign a new
registration number on transfer to Motorcycle bearing NO. TS 07 GT 8021.
IN RE: PET COKE IA NOS. 95814 AND 95815/2020 (APPLNS. FOR IMPLEADMENT AND DIRECTION ON B/O SANGHVI TECHNO PRODUCTS) (2) IA NO. 115613/2021 (APPLN. FOR CLARIFICATION OF ORDER DATED 09.10.2018 ON BEHALF OF RAIN CII CARBON (VIZAG) LIMITED) This Court vide order dated 09.10.2018 fixed a cap of 0.5 MT per annum on the total quantity of pet coke to be imported.
These applications have been filed seeking permission to import calcinated pet coke for industries in addition to the quantity fixed by this Court.
The Commission for Air Quality Management is 25 directed submit a report within four weeks from today, regarding the impact on environment if these IAs are allowed.
List the Interlocutory Applications along with SLP (C) Nos. 12141-12142/2021 on 10.01.2022. IN RE: ALLOCATION OF NATURAL GAS TO M/S INDRAPRASTHA GAS LIMITED List the matter on 01.02.2022.
(Geeta Ahuja) (Meenakshi Kohli) (Anand Prakash) Court Master Astt. Registrar-cum-PS Court Master 26