Ms Highway Trans Services Pvt. Ltd. Vs Gnct of Delhi Transport Department

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision:11^th May, 2026

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- W.P.(C) 5857/2022

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MS HIGHWAY TRANS SERVICES PVT LTD .....Petitioner Through: Ms. Nidhi Mohan Parashar, Mr. Vikrant Kumar, Mr. Parthak Awasthi and Ms. Pratibha Singh, Advocates.

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versus

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GNCT OF DELHI TRANSPORT DEPARTMENT .....Respondent Through: Mr. Manashwy Jha, Advocate for GNCTD.

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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AMIT BANSAL, J. (Oral)

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The present writ petition has been filed seeking setting aside of the communications dated 29^th January, 2021 (Annexure-P12 to the writ petition) and 19^th January, 2022 (Annexure-P14 to the writ petition). The petitioner seeks registration of its five buses as described in paragraph 18 of the writ petition.

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The brief facts necessary for the adjudication of the present dispute are below:

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i. The petitioner had purchased five Bharat Stage IV (“BS-IV”) compliant CNG buses on 31^st May, 2016 which were permanently registered in the National Capital Territory of Delhi between 12^th August, 2016 and 22^nd August, 2016. The registrations were valid till 2031. The details with

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Signature Not Verified

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Page 1 of 6

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W.P.(C) 5857/2022

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:1 5.05.2026 14:50:31

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regard to registration of the said vehicles are given in the table below:

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ii. Subsequently, the registration of the said buses was transferred to the Regional Transport Authority, Panipat, Haryana due to certain business opportunities in Panipat.

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iii. Pursuant to the NOC from the Transport Department, GNCTD, the registration of the said buses was transferred to Panipat. Details of the same are given in the table below:

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iv. From January 2018 till October 2020, the petitioner was operating the buses in Haryana for transportation of school children and staff. However, in October 2020, the petitioner suffered a loss of business and the buses ceased to be commercially viable for operations in Haryana.

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v. Accordingly, on 1^st January, 2021, the petitioner requested the respondent no.1/Transport Department, GNCTD to grant fresh registration of the buses in Delhi.

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vi. The request of the petitioner was rejected vide communication dated

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Signature Not Verified

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Page 2 of 6

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W.P.(C) 5857/2022

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:1 5.05.2026 14:50:31

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29^th January, 2021 relying on the order passed by the Supreme Court on 15^th June, 2020 in W.P. (C) 13029/ 1985, titled ‘ M.C. Mehta v . Union of India’ . vii. The petitioner filed a representation against the said rejection order which was rejected vide communication dated 19^th January, 2022.

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Ms. Nidhi Mohan Parashar, counsel appearing on behalf of the petitioner has relied upon various judgments/orders passed by the Supreme Court in W.P. (C) 13029/ 1985, titled ‘ M.C. Mehta v. Union of India’ in support of her contention that there is no bar for registration of BS-IV compliant CNG Vehicles in Delhi.

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In the order passed by the Supreme Court on 24^th October, 2018, the Supreme Court had clarified that no motor vehicles conforming to the emission standard Bharat Stage IV shall be sold or registered in the entire country with effect from 1^st April, 2020. Paragraph 21 of the said order is set out below:

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Counsel for the petitioner submits that the said order is not applicable to the present case as it pertained only to registration of new BS-IV compliant vehicles so as to ensure transition to the revised emission norms. The same cannot be interpreted to prohibit transfer and re-registration of already registered and operational BS-IV compliant CNG vehicles from one

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Signature Not Verified

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Page 3 of 6

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W.P.(C) 5857/2022

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:1 5.05.2026 14:50:31

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RTO to another after 31.03.2020.

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The respondent/Transport Department, GNCTD places reliance on the order passed by the Supreme Court on 15^th June, 2020 in W.P. (C) 13029/ 1985, wherein IA Nos. 48715/2020 and 48716/2020 were dismissed holding that registration of old vehicles (BS-IV) cannot be allowed in Delhi. The relevant observations from the said order are set out below:

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Counsel for the petitioner submits that the abovesaid observations are not applicable in the case of CNG vehicles, as clarified by the Supreme Court in the subsequent order dated 18^th September, 2020. The relevant observations from the said order are set out below:

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Counsel for the respondent places reliance on the order passed by the Supreme Court on 2^nd November, 2020 (Annexure P-27) in W.P. (C) 13029/ 1985, wherein the recommendations given by the Environment Pollution Control Authority (‘EPCA’) were noted by the Supreme Court. The relevant

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Signature Not Verified

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W.P.(C) 5857/2022

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:1 5.05.2026 14:50:31

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portion from the said order is set out below:

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In the subsequent orders passed by the Supreme Court in W.P. (C) 13029/ 1985 on 9^th April, 2021 (Annexure P-6) and 30^th November, 2021 (Annexure P-8), similar applications seeking direction for registration of BS-IV compliant CNG vehicles were allowed.

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The applications which were subject matter of these orders being I.A. 46641/2021 and I.A. 134225/2021 have been filed along with the present petition as Annexures P-7 and P-9 respectively. The subject matter of I.A. 46641/2021 and I.A. 134225/2021 were CNG BS-IV compliant vehicles purchased as far back as in 2017 and 2012 respectively.

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The order passed by the Supreme Court on 15^th June, 2020, which has

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Signature Not Verified

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Page 5 of 6

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W.P.(C) 5857/2022

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:1 5.05.2026 14:50:31

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been relied upon in the impugned communication is only with respect to sale and registration of CNG vehicles after 1^st April, 2020. The said order cannot apply to vehicles which were purchased earlier and only the registration is sought to be transferred to NCT of Delhi.

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In light of the aforesaid orders of the Supreme Court, there cannot be any bar on the transfer of registration of the petitioner’s vehicles, which are admittedly BS-IV complaint CNG vehicles and were originally registered in Delhi in 2016.

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In view of the aforesaid discussion, the communications dated 29^th January, 2021 and 19^th January, 2022 are set aside. A direction is issued to the respondent/Transport Department, GNCTD to grant registration to the five BS-IV compliant CNG vehicles of the petitioner as detailed above. 14. The writ petition is disposed of accordingly.

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AMIT BANSAL, J

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MAY 11, 2026 Rzu

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Signature Not Verified

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Page 6 of 6

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W.P.(C) 5857/2022

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Digitally Signed By:AANCHAL TAGGAR Signing Da te:1 5.05.2026 14:50:31

Ms Highway Trans Services Pvt. Ltd. v. Gnct of Delhi Transport Department

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Ms Highway Trans Services Pvt. Ltd. v. Gnct of Delhi Transport Department

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