Judgement of the Supreme Court of India in the context of BS-IV compliant vehicles, 13/04/2017

  • 13/04/2017

Judgement of the Supreme Court of India in the matter of M. C. Mehta Vs Union of India & Others dated 13/04/2017 in the context of BS-IV compliant vehicles. Apex Court declares that the "automobile industry was quite sanguine that its desire for selling accumulated stock of BS-III compliant vehicles even after 1st April, 2017 would be acceded to". This is evident from the past practice when it had become necessary, in one sense, for the Government of India to virtually submit to the commercial interests of the automobile industry by permitting the registration of BS-III compliant vehicles in some cities while permitting the sale and registration of BS-I and BS-II compliant vehicles in other cities even after the cut-off date of 1st April, 2005 till the accumulated stock is exhausted.

The intervention applications and submissions made therein by the automobile industry and the dealers association are rejected by the Supreme Court.

HISTORY

  • In 2003 the National Auto Fuel Policy was announced by the Government of India for the implementation of Bharat Stage norms for vehicular emissions. The policy provides a road map for achieving vehicular emission norms over a period of time and the corresponding fuel quality upgradation requirements.
  • Ministry of Shipping, Road Transport and Highways in a a communication dated 23rd March, 2005 states that only BS-III compliant vehicles manufactured on or after 1st April, 2005 could be registered in the cities of Delhi, Ahmedabad, Bangalore, Mumbai, Pune and Kolkata.
  • 9th February 2009 Central Motor Vehicles Rules, 1989 was amended. The notification laid down the Mass Emission Standards (BS-III) for two wheeler vehicles and three wheeler vehicles manufactured on and from 1st April, 2010. It also laid down the Mass Emission Standards (BS-IV) for M and N category four-wheeled vehicles manufactured on or after 1st April, 2010. BS-IV emission norms would be applicable in the National Capital Region and ten other mega cities, that is, Mumbai, Kolkata, Chennai, Ahmedabad, Bangalore, Hyderabad including Secunderabad, Kanpur, Pune, Surat and Agra in respect of four-wheeled vehicles manufactured on or after 1st April, 2010 except four wheeler transport vehicles plying on Inter State Permits, National Permits or All India Tourist Permits.
  • The communication dated 5th April, 2010 clarified that BS-III compliant vehicles could be registered in the abovementioned Region and cities even after 1st April, 2010 till the accumulated stock is exhausted.
  • An amendment carried out on 19th August, 2015 mandates that BS-IV norms would come into force all over the country in respect of four-wheeled vehicles manufactured on or after 1st April, 2017.

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