S PUSHPALATHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed seeking a direction that immediate and effective steps be taken for introduction of gas kits in two and three wheelers in the State and for forbearing from taking action against the owners of vehicles who convert their vehicles with LPG kits.

(2.) Section 52 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act"). was amended by the Motor Vehicles (Amendment) Act, 2000 providing for the facility of conversion of vehicles using LPG and CNG as fuel. That amendment was published in the Gazette of the Government of India on 14-8-2000. The proviso to Section 52(1) thus brought in by substitution of the amending Act of 2000 is that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed. It is also further provided that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits.

(3.) Consequent on the aforesaid amendment to Section 52 of the Act, the Ministry of Surface Transport instructed all the State Governments by letter dated 3-1-2001 to take necessary steps for making necessary endorsement on the registration certificate book of such vehicles with respect to authorised use of CNG, if such vehicle is retrofitted/fitted with a conversion kit approved by any of the testing agencies prescribed under Rule 126 of the Central Motor Vehicles Rules, 1989. In so far as the Kerala Government is concerned, vide an Endorsement No. C1.5984/TC/2001, the said information has been brought to the notice of the authorities of the Motor Vehicles Department. The Government of Kerala have accordingly issued instructions to the Officers of the Motor Vehicles Department to endorse the conversion of the type of fuel provided, the gas cylinders and conversion kits satisfy the specifications laid by the Ministry of Surface Transport, Government of India.