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2002 DIGILAW 849 (SC)

M. C. Mehta v. Union of India

2002-07-29

ASHOK BHAN, B.N.KIRPAL, V.N.KHARE

body2002
ORDER : IA Nos. 182 and 183 1. Issue notice returnable after two weeks on the Amicus Curiae and the Union of India. DIRECTIONS WITHREGARD TO THE REPORT REGARDING PRICING OF CNG BY THE I.G.L. SUBMITTED BY THE BHURE LAL COMMITTEE 2. Responses of the Union of India, I.G.L. and the learned Amicus Curiae be filed to the Report regarding pricing which has been submitted by the Bhure Lal Committee. Needful be done within three weeks. List thereafter. I.G.L. will file an affidavit including as to the extent of their projected sales of CNG. Affidavit be filed within a period of ten days. They will also give justification for projecting their sales at 37 percent of the installed capacity. I.G.L. will also indicate by way of an affidavit as to what are the figures which they gave to the Bhure Lal Committee with regard to the compression capacity and the dispensing capacity. DIRECTIONS WITH REGARD TO THE AFFIDAVIT FILED BY THE UNION OF INDIA 3. Union of India shall file an affidavit with ten days indicating as to why notification of 19th November, 2001 has not been made application, in effect, till 18th November, 2002. There is no reason as to why unsafe vehicles which do not meet the safety norms should be allowed to ply on the road. We, therefore, direct that with effect from 5th August, 2002, no retro-fitted or converted CNG bus will be allowed to ply unless and until the Director, Transport Department, NCT of Delhi is satisfied and certified that the vehicles confirmed with the safety norms of 19th November, 2001. 4. Our attention has been drawn to the notification dated 19th November, 2001, where under the heading "For conversion by modification of engines of In-use diesel vehicles" it has been stated in sub-clause c as follows : "The "in-use" diesel vehicles when converted to operation on CNG shall meet at least the type approval norms of diesel vehicles prescribed in the India-2000 (India Stage-I) norms. For the vehicles manufactured on or after 1st April, 2000, the Type Approval norms corresponding to Bharat Stage-II, as applicable under these Rules shall be applicable and up to the validity of such Bharat Stage-II norms." 5. For the vehicles manufactured on or after 1st April, 2000, the Type Approval norms corresponding to Bharat Stage-II, as applicable under these Rules shall be applicable and up to the validity of such Bharat Stage-II norms." 5. Union of India will explain as to why the in-use diesel vehicles after conversion to CNG are required to meet the norms relating to diesel vehicles and not with regard to the norms relating to CNG vehicles. IA No. 180 6. Issue notice to I.G.L. as well as the Union of India returnable after two weeks. REST OF THE MATTERS 7. Adjourned.