Document Fragment View

Matching Fragments

1. In all the above Notices of Motion except Notice of Motion No.128 of 2002 and Writ Petition No.838 of 2002, the basic challenge is to the order passed by this Court on 17th October, 2001 in Writ Petition No.1762 of 1999 wherein there is a direction directing that w.e.f. 1st March, 2002 all taxis over the age of 15 years shall be phased out unless converted to run on CNG / LPG by that date. In the said order it is also provided that all taxis of Premier 137-D Model shall also be phased out by this date i.e. 1st March, 2002 unless converted to run on CNG / LPG.

"(b) Usage of alternative fuel such as CNG/reformulated gasoline, etc. Administrative & Regulatory measures that would be required for setting up additional pumps for dispensing CNG.
(c) Desirability & feasibility of converting the existing buses/taxis to CNG.
(f) Desirability & feasibility of phasing out of vehicles (private cars, trucks, buses, taxis, autorickshaws and two wheelers) over a certain age limit."

5. This Court by its order dated 17th October, 2001 after an extensive hearing of all the parties on the aforesaid three issues and after considering the report of the said Lal Committee submitted in April 2000 gave the above directions which are impugned by these Notices of Motion. As pointed out hereinabove there are three challenges viz. (a) phasing out of all taxis of more than 15 years of old unless the same are converted to CNG /LPG by 1st March, 2002, (b) All taxis of Premier 137 D Model were directed to be phased out by 1st March, 2002 unless converted to run on CNG/LPG and

(c) all vehicles described as "three wheelers"

which are of more than 10 years old also were directed to be phased out unless converted to run on CNG/LPG by 1st March, 2002. Mr.Cama, the learned Counsel appearing on behalf of the Taxi Owners Association in Notice of Motion NO.46 of 2002, at the outset, contended that as far as the taxis which are more than 15 years old, he submitted, that almost all taxis have already been converted into CNG or otherwise have already been scrapped, hence the challenge did not subsist. His main argument was with regard to phasing out Premier 137-D Model taxis by the aforesaid order by 1st March, 2002, which Mr.Cama contended was totally unreasonable and harsh. He pleaded that as far as taxis of Premier 137-D Model are concerned which are more than 8 years old that they should be given time upto 31st December, 2002 to convert into cleaner fuel and as far as taxis which are less than 8 years old in the said category of 137-D, there is no need to convert them into CNG at all and that they should be allowed to ply subject to the pollution norms set by the transport authorities. According to Mr.Cama there are about 14717 Premier 137-D Model taxis running in the city Mumbai and they were initially manufactured in the year 1989 and manufacturing continued upto 1999. He has also referred to a chart annexed to the affidavit in support of the said Notice of Motion indicating various number of 137-D model taxis which were supplied during the years 1989 to 1999. Mr.Cama contended that if all those taxis were completely phased out a large number of families will be ruined. He also submitted that to convert such diesel taxis into CNG/LPG it would be very expensive inasmuch as the same has to be initially converted into a petrol engine and thereafter converted into CNG engine. He also submitted that quite a few owners have borrowed money from Nationalised Banks and that they would not be able to repay if the said taxis were totally scrapped as per the above order. Mr.Camas main contention is that the above order was totally unreasonable, unjust and harsh inasmuch as there is no such restriction with regard to petrol driven taxis which are less than 8 years old, whereas with regard to 137-D Model taxis, they have been totally phased out and scrapped unless converted to cleaner fuel. Mr.Cama also contended that those directions are contrary to the provisions of Motor Vehicles Act and the Rules framed thereunder.

21. As far as the third issue is concerned, three wheelers which are of more than 10 years old, it appears that about 4000 three wheelers have already been converted into CNG and another 3000 have already registered for conversion. We make it clear that all the owners of three wheelers of more than 10 years who are desirous of getting converted into CNG/LPG they shall register with the Transport Authorities for conversion into cleaner fuel of CNG/LPG on or before 30th April, 2002 failing which such three wheelers of more than 10 years shall be scrapped and phased out and they shall not be allowed to ply in the city of Mumbai. All those three wheelers who have already applied to convert or those who will apply for conversion into CNG/LPG on or before 30th April, 2002 shall be allowed to ply upto 30th June, 2002 by which time they ought to get their vehicles converted into CNG/LPG. If they fail to get converted by that date they shall not ply the vehicles on the roads in the city of Mumbai after 30th June, 2002 till the same are converted and the outer limit for said conversion is upto 31st August, 2002. Three wheelers can enter into the city beyond Sion and Mahim, only for the purpose of conversion into CNG/LPG and not for commercial purpose of carrying passengers or goods. All the above Notices of Motion in Writ Petition No.1762 of 1999 and the Writ Petition No.832 of 2002 stands disposed of in the above terms.