Two writ petitions filed by owners of pollution testing centres challenging the introduction of Lambda value requirements for BS VI vehicles without prior notice or provision for equipment compatibility. The court dismissed the petitions, stating courts should not interfere in executive machinery.
Writ petitions dismissed as sans merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944
WP(C) NO. 3036 OF 2022
PETITIONERS:
1JANCY DOMINIC,
AGED 57 YEARS,
PROPRIETOR, PAYYAPPILLY TRADERS,
POLLUTION TESTING CENTRE, CHITTOOR ROAD,
PACHALAM, KOCHI - 682 012.
2ABDUL JABBAR M. J.,
PROPRIETOR, VARAPUZHA POLLUTION TESTING CENTRE,
ADIKULAM MARKET BUILDING, KOONAMAVU,
ERNAKULAM - 683 518.
3SUKUMAR P. K.,
PROPRIETOR, A ONE POLLUTION TESTING CENTRE,
PUZHUPULLYMOOLA BUILDING, VALLATHOL NAGAR,
THRIKKAKARA P. O., ERNAKULAM - 682 021.
4FIROZ K. PALLATH,
PROPRIETOR, PALLATH EMISSION TESTING STATION,
THOTTUMUGHAM, ALUVA P. O. - 683 105.
BY ADVS.
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
RESPONDENTS:
1UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI - 110 001.
2 THE TRANSPORT COMMISSIONER, KERALA THE TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM - 695 001.WP(C) NOS. 3036 & 26780 OF 2022 -2-
*ADDL R3NATIONAL INFORMATICS CENTRE,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
DISTRICT PLANNING SECRETIAT, CIVIL STATION,
THRIKKAKARA, KAKKANAD 682030.
(*ADDL R3 IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER
DATED 07.04.2022 IN IA 01/2022 IN WP(C)3036/2022.)
BY ADVS.
SMT.SOWMIAVATHY T.C., CGC
SMT S.KRISHNA
SRI V.K.SUNIL, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.11.2022, ALONG WITH WP(C).26780/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 3036 & 26780 OF 2022 -3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA,
1944
WP(C) NO. 26780 OF 2022
PETITIONER:
N.S. KRISHANAN AMBADY @ SREE KRISHNAN AMBADY,
AGED 52 YEARS,
S/O SUNDARAN,GENERAL SECRETARY,
VEHICLE EMISSION TESTING OWNERS ASSOCIATION,
REG NO: KKD/CD/342/2020, ROOM NO: 8/19368,
PRAKASH BUILDING, GHANDHI ASHRAMAM,
CIVIL STATION (P.O), KOZHIKODE – 673020.
BY ADVS.
V.V.SURENDRAN
P.A.HARISH
SANIKA.V.S.
ANUSREE.C
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAY, NEW DELHI – 110001.2 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695001.3 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD,WP(C) NOS. 3036 & 26780 OF 2022 -4-
THIRUVANANTHAPURAM - 695 014.
4 THE DIRECTOR, THE AUTOMOTIVE RESEARCH ASSOCIATION OF INDIA, SURVEY NO 102, VETAL HILL, OFF PAUD ROAD, KOTHRUD, PUNE, MAHARASTRA – 411038.5 INDUS SCIENTIFIC PVT LTD, REPRESENTED BY ITS MANAGER, NO: 11/2B, HORAMAVU - AGARA ROAD,NARAYANNAPPALAYOUT, HENNURBANDE, HENNUR GARDENS, BANGALORE-560043.6 MANATEC ELECTRONICS PVT. LTD, REPRESENTED BY ITS MANAGER, C-22/23, INDUSTRIAL ESTATE, THATTANCHAVADY, PONDICHERRY – 605009.7 MARS TECHNOLOGIES INC, REPRESENTED BY ITS MANAGER, NO. 759, 60TH CROSS ROAD, 5TH BLOCK,RAJAJI NAGAR, BENGALURU- 560010.8 NETEL (INDIA) LIMITED, REPRESENTED BY ITS MANAGER, W-408, T.T.C INDUSTRIAL AREA, MIDC INDUSTRIAL AREA, RABALE, NAVI MUMBAI, MAHARASHTRA- 400701.9 I3 SYS INSTRUMENTS, REPRESENTED BY ITS MANAGER, # 983, 2K CROSS, HRBR LAYOUT, BENGALURU-560043.10 AVL INDIA PVT. LTD., REPRESENTED BY ITS MANAGER, CSC, C/9, VASANTH KUNJ, NEW DELHI – 110070.11 OZONE ELECTRONIC PVT LTD, REPRESENTED BY ITS MANAGER, 803, GALI NO. D23, 100 FUTTA ROAD,CHATTARPUR PAHARI, NEW DELHI – 110074.12 SEMZY INDIA PRIVATE LIMITED, REPRESENTED BY ITS MANAGER, GANAPATHIPURAM,WP(C) NOS. 3036 & 26780 OF 2022 -5-
NAGARCOIL,TAMILNADU – 620002.
13 EL TECH ENGINEERS PVT. LTD., REPRESENTED BY ITS MANAGER, A-108, DIAMOND INDUSTRIAL ESTATE, KETKIPADA ROAD, NEAR TOLL NAKA DAHISAR EAST, MUMBAI- 400068.14 ARO EQUIPMENTS, REPRESENTED BY ITS MANAGER, 300, PHASE-II, UDYOG VIHAR, GURGAON, HARYANA – 122008.15 HARIWILL ELECTRONIC (I) PVT. LTD., REPRESENTED BY ITS MANAGER, 617 NEW B, 2ND FLOOR, UJARIYAON, GOMTI NAGAR, LUCKNOW, UTTARPRADESH – 226010.16 AIRVISOR TECHNOLOGIES, REPRESENTED BY ITS MANAGER, 155, ADHYAPAK NAGAR, NANGLOI, NEW DELHI – 110041.17 NAMAN AUTOMOTIVE SOLUTION, REPRESENTED BY ITS MANAGER, PLOT NO. 504, ROAD NO. 13, KATHWADA GIDC, NEAR ODHAV RING ROAD, AHMADABAD, GUJARAT – 382430. BY ADVS. SRI.V.K.SUNIL, SR.GP. N.N.GIRIJA P. THOMAS GEEVERGHESE MADHU RADHAKRISHNAN NELSON JOSEPH M.D.JOSEPH DEEPAK ASHOK KUMARTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.11.2022, ALONG WITH WP(C).3036/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 3036 & 26780 OF 2022 -6-
JUDGMENT
This order of mine shall dispose of two writ petitions, W.P(C)No.3036 of 2022 filed owners of pollution testing centres, for issuance of directions to the respondents to reset vahan.parivahan.gov.in portal as it stood prior to 09.12.2021 enabling the Pollution Control Centres to issue Pollution Under Control Certificates to BS VI vehicles without showing Lambda value and restraining the respondents from insisting that the Pollution Under Control Certificates of BS VI vehicles would show the Lambda value until respondents formulate guide lines to ensure the existing emission testing machinery in pollution control sectors are compatible to measure such value without additional expenditure and W.P(C)No. 26780 of 2022 on behalf of the Vehicle Emission Testing Owners Association, for directing the suspension of the amended rule 115(2) and 116(2) of the Central Motor Vehicle Rules, till effective
WP(C) NOS. 3036 & 26780 OF 2022 -7-
and efficient equipments for testing vehicles are made available to Pollution Control Centres. Since both the writ petitions involve similar question of law, they are being disposed by common judgment.
WP(C) NOS. 3036 & 26780 OF 2022 -8-
suppliers of the pollution testing equipment’s to get the machines programmed and made suitable for giving Lambda value, for which the manufacturers have been demanding Rs.40,000/- to Rs.65,000/- for making the machines compatible.
WP(C) NOS. 3036 & 26780 OF 2022 -9-
manufactured as per BS VI norms vide GSR 103(E) dated 23.02.2012 effective from 23.02.2013. Ministry notified GSR 527 (E) dated 06.06.2018 regarding the linkage of emission results with VAHAN data base. The emission results obtained to be electronically uploaded through online process to the State and Central Register (National Register) and the time length for different state is maximum up to 01.04.2019. On 18.07.2019 vide draft notification and final notification dated 26.11.2019 emission norms for BS VI vehicles were revised. This was done as per the directions of the Supreme Court for linking PUC data/emission related data with VAHAN database. There was no change in the measurement equipment since BS IV measurements had already started. Lambada is measured by indirect method with four gas analyzer.
WP(C) NOS. 3036 & 26780 OF 2022 -10-
issued across the country under Central Motor Vehicles Rules, 1989, consisting of various salient features like introduction of uniform Pollution under Control Certificate permit linkage of PUC database with National Register, PUCC format and rejection slip, confidentiality of information, vehicle owner’s mobile number and the vehicles not complying with the emission standards to communicate in writing or through electronic modes to direct the driver or any person in charge of the vehicle to submit the vehicle for conducting the test in any one of the authorized Pollution Under Control testing stations etc. The responsibility for implementation of the regulations as framed by the Central Government lies with the state/U.T.
WP(C) NOS. 3036 & 26780 OF 2022 -11-
two wheeler vehicles and found that on convening of the meeting on 30.12.2021 at Palakkad between Emission Testing center owners and emission testing equipment manufactures for conducting a demonstration. Six(6) equipment manufactures participated in the demonstration but failed to perform the High Idle Emission Tests on two wheelers successfully.
From the perusal of the prayer as sought, it is evident that owing to the amendment in the Central Motor Vehicle Rules, manufactures are demanding the fees from the pollution centers to incorporate facility of giving pollution certificates complying with the requirements, it is on that account writ petitions have been filed and nothing beyond. The whole attempt is to carry on with the present system by blaming the authorities that the manufacturer do not have any such
WP(C) NOS. 3036 & 26780 OF 2022 -12-
facility for the introduction of Lambda testing in the already existing machinery. No details have come forward regarding the date and the manufacturing of the equipment machinery, the communication relied upon by the petitioners are only with regard to six manufactures. There is no detail as to how many manufactures are in existence in India conforming the standards as per the latest notification amending the Motor Vehicle Rules providing the facility of Lambda and also pertaining to gas and LPG cylinders. The age and life span of the machinery petitioners associations has also not disclosed in the petition. Courts are not meant to run the executive or interfere in the machinery of the Government; once the Rule have been introduced by the Central Government, it is for the State and UTs to implement the same. In fact they are required to update their existing equipment with latest facility for issuing of a certificate strictly as per notifications ibid. The present writ petitions are the reflection of saving the costs in causing
WP(C) NOS. 3036 & 26780 OF 2022 -13-
amendment in the existing equipment’s which cannot be interdicted in the manner and mode. Writ petitions sans
merit, accordingly dismissed.
Sd/-
AMIT RAWAL JUDGE
vv
WP(C) NOS. 3036 & 26780 OF 2022 -14-
APPENDIX OF WP(C) 26780/2022
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF CERTIFICATE OF
REGISTRATION DATED 18.08.2020 AND ITS
ENGLISH TRANSLATION.
Exhibit P2A TRUE COPY OF THE REPRESENTATION
DATED 08.01.2022 MADE BY THE
PETITIONER ASSOCIATION TO THE 3RD
RESPONDENT ALONG WITH ITS ENGLISH
TRANSLATION.
Exhibit P3A TRUE COPY OF THE REPRESENTATION
DATED 08.02.2022 MADE BY THE
PETITIONER ASSOCIATION TO THE 3RD
RESPONDENT ALONG WITH ITS ENGLISH
TRANSLATION.
Exhibit P4A TRUE COPY OF THE DOWN LOADED COPY OF
THE COMMUNICATION DATED 14.02.2022.
RESPONDENTS EXHIBITS
Exhibit R6(a)TRUE COPY OF CERTIFICATE ISSUED BY THE
4TH RESPONDENT TO THE 6TH RESPONDENT
Exhibit R6(b)TRUE COPY OF THE EMAIL SENT BY
MANAGER, ARI TO THE PETITIONER DATED
Exhibit R6(c)TRUE COPY OF THE POLLUTION CERTIFICATE
GENERATED BY THE PETITIONER ON
18/5/2022
WP(C) NOS. 3036 & 26780 OF 2022 -15-
APPENDIX OF WP(C) 3036/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF LETTER NO.C1/265/2021-TC
ISSUED BY THE 2ND RESPONDENT TO THE
DIRECTOR, MINISTRY OF ROAD TRANSPORT
AND HIGHWAYS DATED 12.02.2022
Exhibit P2TRUE COPY OF LETTER NO.C1/265/2021-TC
ISSUED BY THE 2ND RESPONDENT TO THE
DIRECTOR, ARAI DATED 14.02.2022
Exhibit P3TRUE COPY OF LETTER NO.C1/265/2021-TC
ISSUED BY THE 2ND RESPONDENT TO
EMISSION TESTING EQUIPMENT
MANUFACTURES DATED 14.02.2022
Exhibit P4TRUE COPY OF LETTER NO.C1/265/2021-TC
ISSUED BY THE 2ND RESPONDENT TO THE
PRINCIPAL SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT DATED 15.02.2022
RESPONDENTS EXHIBITS
ANNEXURE R2(a)TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 06-06-2018
ANNEXURE R2(b)TRUE COPY OF THE G.O.(RT)
NO.281/2020/TRANS DATED 11-09-2020
ANNEXURE R2(c)TRUE COPY OF THE LETTER FROM THE
TRANSPORT COMMISSIONER TO ALL RTOs AND
JRTOs DATED 16-09-2020
ANNEXURE R2(d)TRUE COPY OF THE CIRCULAR NO.17/2020
DATED 5-11-2020 OF TRANSPORT
COMMISSIONER
ANNEXURE R2(e)TRUE COPY OF THE NOTIFICATION GSR
410(E) DATED 14-06-2021 CMVR 1989
1 issue framed by the court
Whether directions should be issued to reset the vahan portal and suspend amended emission rules requiring Lambda value measurement until testing equipment is upgraded.
4 provisions across 2 enactments
Jancy Dominic
Abdul Jabbar M. J.
Sukumar P. K.
Firoz K. Pallath
Vehicle Emission Testing Owners Association
Union of India
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court