STATE OF MADHYA PRADESH versus CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT & ORS.

STATE OF MADHYA PRADESH versus CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT & ORS.

The Supreme Court held that the NGT had power to direct the State to strictly implement Rules 115 and 116 CMVR, 1989 and to take penal action in accordance with law, but the Tribunal lacked power to direct dealers/outlets/petrol pumps not to supply fuel to vehicles without valid PUC certificates and lacked power to...

Source-derived case information.

Parties
Appellant: State of Madhya Pradesh; Respondent: Centre for Environment Protection Research and Development & Ors.
Jurisdiction
India
Judgment Date
28 August 2020
Procedural Posture
Civil Appeal (nos. 8932 8933 of 2015) / Appeal From National Green Tribunal, Central Zonal Bench, Bhopal Orders; Final Judgment on Appeal by Supreme Court
Outcome
Appeals allowed; impugned NGT orders set aside in part
Legal Topics
Pollution Under Control (puc) Certificates, NGT Jurisdiction and Powers, Enforcement of Emission Standards (rules 115/116 CMVR 1989), Restriction on Fuel Supply to Non Compliant Vehicles, Security Deposit to Secure Compliance
Environmental Law Motor Vehicles Law Administrative Law Pollution Under Control (puc) Certificates NGT Jurisdiction and Powers Enforcement of Emission Standards (rules 115/116 CMVR 1989) Restriction on Fuel Supply to Non Compliant Vehicles Security Deposit to Secure Compliance

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Parties

State of Madhya Pradesh

Appellant

Centre for Environment Protection Research and Development & Ors.

Respondent

Procedural Posture

Civil Appeal (nos. 8932 8933 of 2015) / Appeal From National Green Tribunal, Central Zonal Bench, Bhopal Orders; Final Judgment on Appeal by Supreme Court

Legal Issues

  1. 1 Whether NGT could direct State to order petrol pumps/dealers/outlets not to supply fuel to vehicles without valid PUC certificates
  2. 2 Whether vehicles not displaying/possessing valid PUC certificates can be debarred from being supplied fuel
  3. 3 Whether NGT could direct State to deposit Rs.25 crores as security for compliance in review when initial order did not contain such direction

Ratio Decidendi

The Supreme Court held that the NGT had power to direct the State to strictly implement Rules 115 and 116 CMVR, 1989 and to take penal action in accordance with law, but the Tribunal lacked power to direct dealers/outlets/petrol pumps not to supply fuel to vehicles without valid PUC certificates and lacked power to direct the State to deposit Rs.25 crores as security; the suspension and penalties for non-compliance are those prescribed under the Motor Vehicles Act/Rules and the NGT Act does not provide for a monetary security deposit to secure compliance.

Court Disposition

Appeals allowed; impugned NGT orders set aside in part

Orders

  • NGT order set aside insofar as it directed the State of Madhya Pradesh to deposit Rs.25 crores as security for compliance
  • NGT order set aside insofar as it directed dealers/outlets/petrol pumps not to supply fuel to vehicles which do not comply with requirement of producing/displaying valid PUC certificates