HARISH KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Rule. With the consent of the parties the writ petition is taken up for disposal today. Heard learned senior counsel in support of the writ petition. Petitioners, ten in numbers, are owners of auto-rickshaws and had been earning their livelihood by plying the auto-rickshaws within the NCT of Delhi.

(2.) Petitioners' case is that pursuant to the directions given by the Supreme Court of India in Writ Petition no.13029/1995 titled M.C.Mehta versus Union of India and other orders passed by the Supreme Court in that regard, petitioners applied to the Transport Department-respondent no.2 for the grant of Form No.P-3. Petitioners claim that No Objection Certificate in Form P-3 had been obtained after making payment of all pending challans and tax dues. No Objection Certificate in terms of the Scheme entitled the petitioners to the issuance of Form No.P-4. The procedure prescribed was that the vehicle was to be taken for purposes of scrapping to the designated scrapping unit. Upon the vehicle being scrapped, Form No.P-4 was issued. The issuance of Form No.P-4 would entitle the holder to obtain a permit for a new vehicle on clean fuel, i.e., CNG. Learned counsel for the petitioners submits that petitioners have been unjustifiably denied the issuance of Form No.P-4 despite all their efforts to get the vehicles scrapped after issuance of Form No.P-3. Resultantly, petitioners are unable to earn their livelihood as old vehicles i.e. pre 1990 vehicles cannot be operated.

(3.) Petitioners have also produced on record a notice claimed to have been sent on 31st October, 2002, as per Annexure-2, wherein the petitioners recorded their grievances and called upon the respondents to issue Form No.P-4 certificates.