M.C. MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) I.As No. 376-377, 380-381, 382, 390, 445-446, 375, 399-400 : By our Order dated 16.12.2015, we had while issuing several other directions forbidden registration of private cars and SUVs with an engine capacity of 2000 cc and above running on diesel fuel. That direction was initially effective up to 31.03.2016 but subsequently continued pending further orders. The position as on date is that registration of private cars and SUVs running on diesel fuel with an engine capacity of 2000 cc and above are not being registered in Delhi and NCR region. Several manufacturers of such cars and SUVs have however appeared and filed applications seeking impleadment and vacation of the said direction.

(2.) We had at some length heard these applications and reserved pronouncement of orders on 04.07.2016. Mr. Mohan Parasaran, learned senior counsel appearing for applicant-Mercedes Benz, one of the manufacturers had in the intervening period mentioned the matter and offered to deposit 1% of the Ex-show room price of the 2000 cc and above diesel vehicles manufactured by his client towards environment protection charge and sought modification of the order so as to permit registration of such vehicles on deposit of the said amount. Mr. Parasarn was asked to file a suitable affidavit to that effect which has been filed.

(3.) M/s. Gopal Subramanian and Mohan Parasaran today appear to submit that Mercedes Benz shall have no objection and would indeed be willing without demur to deposit environment protection charge mentioned above equivalent to 1% of the Ex-show room price of the diesel vehicles manufactured by that company as a condition precedent for registration of such vehicles by the jurisdictional Registration Officers. They submit that the said amount could be used by the Government or by such other agency as this Court may identify for such purpose as the court may direct.