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2018 DIGILAW 357 (SC)

Union of India v. Rita Das Mozumdar P. N. G. B.

2018-02-23

ADARSH KUMAR GOEL, UDAY UMESH LALIT

body2018
ORDER : IN SLP(C)............./2018 (CC NO. 18614-18615 OF 2015, SLP(C) No. 1864/2015, SLP(C) No. 5176-5177/2015, T.P.(C) No. 341-349/2015, SLP(C) No. 5638/2015, SLP(C) No. 5641/2015, SLP(C) No. 5639/2015,S.L.P.(C)........CC No. 3086/2015, SLP(C) No. 5642/2015, SLP(C) No. 7369-7370/2015, T.C.(C) No. 68/2015, T.C. (C) No. 69/2015, T.C.(C) No. 70/2015, T.C.(C) No. 71/2015, T.C. (C) No. 72/2015,T.C.(C) No. 73/2015, T.C.(C) No. 105/2015 1. Heard learned counsel for the parties. Delay condoned. 2. The issue raised in these matters relates to the sale of small 4-wheelers with a mass upto to 1500 kg and quadricycles. According to the original writ petitioners, safety and emission standards must be first laid down before the vehicles of this nature are introduced in the market. If it is not so done, it may endanger safety of all concerned. The High Court has passed interim order(s) directing the Central Government not to permit the Auto manufacturers to release and sell such vehicles. Some of the matters stand transferred to this Court and treated as transferred cases. 3. When the matter(s) came up for hearing before this Court on 09.12.2015, attention of the Court was drawn to Central Motor Vehicles Rules, 1989. Rule 2(1) of the said Rules defines category M1 motor vehicles. Rule 2(2) defines quadricycles. Learned counsel for the petitioners submitted that there was an attempt to reduce the rigor of standards for the quadricycles which was not desirable. It was noted by this Court that the Union of India was considering the issue of safety and emission standards in the light of the Tyagi Committee Report. 4. On 29.01.2018, the following order was passed: “Ms. Vibha D. Makhija, learned senior counsel appearing for Union of India, states that relevant rules/instructions have been worked out for the safety standards for quadricycles. A note to this effect will be submitted. A copy of Notification dated 24th November, 2017 with regard to Emission Standards has been placed on record, apart from the draft notification of June 2017 with regard to the Safety Standards for Quadricycle. Post on Friday, the 23rd February, 2018 as prayed”. 5. A draft Notification of June 2017 with regard to safety standards for quadricycles has been handed to learned counsel for the petitioners as it was stated that the said draft notification was not available to them. We have also taken note of Notification dated 24.11.2017 with regard to emission standards. 6. Ms. 5. A draft Notification of June 2017 with regard to safety standards for quadricycles has been handed to learned counsel for the petitioners as it was stated that the said draft notification was not available to them. We have also taken note of Notification dated 24.11.2017 with regard to emission standards. 6. Ms. Pinky Anand, learned Additional Solicitor General submitted that matters are at the final stage of the consideration by the Ministry of Road Transport. 7. Having regard to the nature of the issue, we permit the parties before this Court to file their suggestions, if any, to the Joint Secretary, Ministry of Road Transport, Central Government within a period of two weeks from today. The same be given due consideration and the matter may thereafter be finalized expeditiously. 8. It is made clear that we have not expressed any opinion on the merits of the rival contentions and are disposing of all these matters with the direction that the suggestions of the petitioners instead of being considered by this Court, be considered by the concerned authority of the Central Government. CIVIL APPEAL No. 5359 OF 2010 Heard. We do not find any merit in this appeal. The same is, accordingly, dismissed.