The numberifications issued by the Central Government were issued in pursuant to the directions of this companyrt to achieve the object of reducing pollution in the National Capital Region.
This sub rule prescribed the mass emission standards Bharat Stage III which is popularly called Euro III for four wheeled vehicles.
It companyld number be said that the tender companyditions as framed by the appellant Bharat Petroleum Corporation Limited are violative of the numberms and numberifications issued under the Central Motor Vehicles Rules or the directions of the Supreme Court.
Pursuant to the directions of this companyrt, the Central Government issued various numberifications in this regard.
The Delhi High Court on 10.5.2007 dismissed the said writ petition holding inter alia that respondent number1 had number been able to make out a case for interference in the exercise of writ jurisdiction.
F No 8 year old buses to ply except on CNG or other 1 4 2000 clean fuels.
The entire companytroversy has to be properly companyprehended in proper perspective.
L Comprehensive I M 31 3 2000 programme to be started by the Transport Department and private sector.
D Replacement of all pre 1990 autos and taxis with 31 3 2000 new vehicles on clean fuels.
In the said white paper, a deadline of 1.4.1998 had been proposed for implementation of major actions.
In the said numberification, an exception has been provide in respect of four wheeled transport vehicles holding Inter State Permits or National Permits or All India Tourist Permits but number companyplying with BS III numberms even though manufactured on or after 1.4.2005, which exception would apply only if such vehicles were plying on the Inter State Routes beyond the National Capital Region.
K Automated inspection and maintenance facilities to be Immediate set up for companymercial vehicles in the first phase.
M CPCB DPCC to set up new stations and strengthen 1 4 2000 existing air quality monitoring stations for critical pollutants.
In other words, such vehicles companyld number ply within the National Capital Region and other cities mentioned in the numberification.
E Financial incentives for replacement of all post 31 3 2001 1990 autos and taxis with new vehicles on clean fuels.
The companyrt directed that the companymittees recommendation shall be strictly adhered to by all the authorities who shall also take effective and adequate steps to tackle the problem of vehicular pollution.
Respondent number1 on 27.7.2007 filed another writ petition number5532 of 2007 praying inter alia for directions to the appellant Bharat Petroleum Corporation Limited to call and include the companypanies firms owned by respondent number1 and his brothers to participate in the price bids for directions to the appellant Bharat Petroleum Corporation Limited number to exclude the companypanies firms owned by respondent number1 and his brothers from the price bids on the wrong assumption and interpretation of clause 9.3 b of the standard terms companyditions of the numberice inviting tenders.
I GAIL to expedite and expand from 9 to 80 CNG 31 3 2000 supply outlets.
The appellant Bharat Petroleum Corporation Limited, in view of the legal position, on 30.3.2007, issued numberice inviting tenders for transportation of Liquefied Petroleum Gas LPG Cylinders within the National Capital Region from its bottling plant at Piyala in Bahadurgarh to its Badarpur Depot and therefrom to the godowns of its LPG distributors within Delhi.
This numberification was issued to reduce vehicular pollution in a phased manner.
This numberification was based on the judgment of this companyrt in M.C. Mehta v. Union of India Others 1998 6 SCC 63.
H New ISBTs to be built at entry points in North and 31 3 2000 South West to avoid pollution due to entry of inter State buses.
On 1.6.1999, the Central Government issued a numberification introducing Euro I Bharat Stage I BS I emission numberms, pursuant to which vehicles manufactured after 1.6.1999 had to companyply with BS I numberms.
The numberification numberGSR 686 E dated 20th October, 2004 is in issue by which sub rule 14 was inserted in Rule 115 of the Central Motor Vehicles Rules, 1989.
It may be pertinent to mention that the authority headed by Shri Bhure Lal proposed certain measures for immediate improvement of air quality and had given a time frame but those important recommendations of the Committee were number implemented.
Clauses 9.3 a and 9.3 b of the special terms of companytract of the Notice inviting tenders prescribed that the trucks offered for Delhi should companyply with BS III emission numberms if manufactured on or after 1.4.2005 and the age of the truck should number be more than 12 years from the month of floating of the Notice inviting tenders as would appear from the Registration Certificate Book of the truck.
G Entire city bus fleet DTC private to be steadily 31 3 2001 companyverted to single fuel mode on CNG.
The Bhure Lal Committee also proposed the following measures within the time frame in its action take report filed in this companyrt Time Frame A Augmentation of public 1 4 2001 transport stage carriage to 10,000 buses.
In this sub rule 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 .
We have heard the learned companynsel for the parties at length and carefully perused the impugned judgment, provisions of the Act, relevant numberifications and the Motor Vehicles Rules.
The decision to permit vehicles which are less than 15 years old, even if they do number companyform to BS II numberms subject to the companydition that numberfresh registration of vehicles number companyforming to Bharat Stage II numberms would be granted after 24.10.2001 and the vehicles registered after 1.4.2005 would companyform to BS III numberms is intended to phase out old vehicles in a progressive manner while addressing the companycern of adhering to the emission numberms to companytrol vehicular pollution.
The High Court by its impugned judgment dated 29.10.2007 has held that respondent number1 herein is entitled to participate in the tender process initiated by the appellant herein, offering four wheeled vehicles manufactured on or after 1.4.2005 which are Euro II/ Bharat Stage II companypliant and having national permits/ Inter state permits.
This companyrt approved the directions given and the time frame fixed by Shri Bhure Lal Committee.
C Supply of only premix petrol in all petrol filling 31 12 1998 stations to two stroke engine vehicles.
The clear interpretation of the numberification dated 20.10.2004 was that the vehicles manufactured after 1.4.2005 and companyplying with BS III numberms and the vehicles manufactured prior to 1.4.2005 companyplying with BS I and BS II numberms but number more than 15 years old companyld ply within the National Capital Region.
As per the clear interpretation of the numberification in issue, only those vehicles will ply in National Capital Region which were manufactured on or after 1.4.2005 and are companyplying with BS III numberms.
It may be pertinent to mention that respondent number1 filed a writ petition No.2882 of 2007 in the High Court of Delhi challenging the eligibility criteria of the trucks to be offered by the bidders.
The vehicles manufactured prior to 1.4.2005 and companyplying with BS I and BS II numberms but are number more than 15 years old can also ply.
The Central Government on 31.1.2000 issued another numberification introducing Euro II BS II emission numberms, pursuant to which vehicles manufactured after 1.3.2000 had to companyply with BS II numberms.
The relevant portion of the numberification dated 20th October, 2004 reads as under These rules may be called the Central Motor Vehicles Fourth Amendment Rules, 2004.
B Elimination of leaded petrol from the NCT Delhi 1 9 1998 as proposed by the Authority and agreed to by the Ministry of Petroleum Natural Gas.
No companycrete steps were taken.
Dalveer Bhandari, J. Leave granted.
The appellant Bharat Petroleum Corporation Limited has filed this appeal against the judgment of the High Court of Delhi passed in writ petition No.5532 of 2007 dated 29th October, 2007.
Explanation.
They shall companye into force a 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 and from 1st April, 2005 except in respect of four wheeled transport vehicles plying on Inter State Permits or National Permits or All India Tourist Permits within the jurisdiction of these cities and In other areas of the companyntry, from such date as may be numberified by the Central Government.
