M.C. MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By our Order dated 9th October, 2015 we had levied an "Environment Compensation Charge" on all light and heavy duty commercial vehicles entering Delhi from outside. The ECC was not however recoverable from the passenger vehicles and ambulances and also from vehicles carrying essential commodities, namely, food stuffs and oil tankers. The Government of N.C.T. of Delhi has pursuant to the said direction issued a notification dated 30th October, 2015 whereby it has exempted vehicles carrying raw vegetables, fruit, grains, milk and tankers carrying petroleum products from the levy of ECC. By another notification dated 15th February, 2016, the earlier issued notification was clarified to the extent that vehicles carrying raw vegetables, fruit, grains, milk, egg, ice used as food item and tankers carrying petroleum products, shall be free from payment of ECC.

(2.) The present applications (I.As. No.463-464 and 466), filed by the New Haryana Poultry Association, pray for a direction/clarification to the extent that vehicles carrying poultry items may be exempted from payment of ECC as they generally fall under the expression food stuffs. Mr. Harish N. Salve, learned amicus, does not seriously oppose that prayer. In the circumstances, therefore, we direct that in clarification/modification of our Order dated 9th October, 2015 vehicles carrying poultry items into Delhi from outside, shall not be liable to pay any ECC.

(3.) I.As.No.463-464 and 466 are accordingly allowed and disposed of. Radio Frequency Identification Device (RFID):