DELIP JERATH Vs. M KHAN

JUDGEMENT

(1.) THIS I.A has been submitted by the Jharkhand State Diesel Auto Driver Association for being impleaded as party in this petition. This I.A is allowed and Jharkhand State Diesel Auto Driver Association is impleaded as party. I.A No.2380/2012 stands disposed of.

(2.) THIS I.A has been filed by Jharkhand Pradesh Diesel Auto Chalak Mahasangh, which is a registered Association as registered by the Registrar of Labour Organization Jharkhand with effect from 4.3.2004. By this application, it has been submitted that Government Notification, issued in pursuance of the order of this Court dated 15th May, 2012, has stopped issuance of the permit for the diesel autorickshaw from 1st June, 2012, whereas so far as subject of pollution is concerned, that has fully been taken care of by rule 115 of the Central Motor Vehicles Rules, 1989. It is also submitted that in fact, as per the latest research report, diesel run vehicles cause less pollution than petrol run vehicles. It is further submitted that the vehicles, which have obtained the certificate of BharatIII category, have also stood out of the road because of the order referred above. It is submitted that what should be the age of the vehicle is to be determined by the Central Government as per section 59 of the Motor Vehicles Act, 1988 and how many number of vehicles can be allowed on the road is to be determined under section 74(3)(a) of the Act of 1988. It is also submitted that so far as number of vehicles are concerned, for that if the State Government takes a decision but on the direction of the Central Government, then the State Transport Authority or the Regional Transport Authority can limit the number of contract carriages generally or of any specified type. It is submitted that therefore, unless a decision is taken by the Central Government, the State could not have issued the order in pursuance of the order of this Court dated 15th May, 2012. It is also clear from section 59 of the Act of 1988 that age of the vehicle is required to be determined by the Central Government and that has also not been done.

(3.) LEARNED counsel for the State wants to take instructions in this respect. However, prima facie, we are of the considered opinion that the order was never intended for the buses connecting the cities and in this petition, the subjectmatter is with respect to pollution control by regulating the traffic in the city of Ranchi. The State Government may look into the matter. Learned counsel for the applicant also submitted that permit can be refused only upon happening of an event as mentioned in section 81 of the Act of 1988. Since presently we are concerned with regulating and monitoring with respect to pollution in the city of Ranchi, which is being created by the vehicles and we want to know the capacity of the city of Ranchi in allowing the number of vehicles and the order dated 15th May, 2012 was passed in view of the recommendation given by the Committee constituted for this purpose.