STATE OF MADHYA PRADESH versus CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT & ORS. on 28 August 2020

[2020] 12 S.C.R. 1139

STATE OF MADHYA PRADESH

v.

CENTRE FOR ENVIRONMENT PROTECTIONRESEARCH AND DEVELOPMENT & ORS.

(Civil Appeal Nos. 8932-8933 of 2015)

AUGUST 28, 2020

[ARUN MISHRA AND INDIRA BANERJEE, JJ.]

National Green Tribunal Act, 2010 – ss. 2(1)(c), (m), 3, 14,15, 19, 20, 22-24 – Blanket directions issued by National GreenTribunal (NGT) that motor vehicles not displaying valid PollutionUnder Control (PUC) Certificate would suffer suspension/revocationof Registration Certificate, and would also be debarred from beingsupplied fuel – Review – Rejected – On appeal, held: Stoppage ofsupply of fuel to vehicles not complying with the requirement tohave and/or display a valid PUC Certificate is not contemplatedeither in the 1989 Rules or in the NGT Act – Tribunal had no powerto pass orders directing the State Government to issue orders/instructions/directions to dealers, outlets and petrol pumps not tosupply fuel to vehicles without PUC Certificate – Further, Tribunalalso had no power to direct the State to deposit Rs.25 crores tosecure compliance with its order – Such an order should not havebeen passed in review when the initial order did not contain anysuch direction – Impugned orders set aside to the extent issuingaforesaid directions to the State – However, State to strictly implementcompliance of rr.115, 116 and penalize all those contravening –Motor Vehicles Act, 1988 – Motor Vehicles Rules, 1989 – rr.115,116 –Air (Prevention and Control of Pollution) Act, 1981 – ss.2,16, 17, 20, 39, 41, 52 – Environment Protection Act, 1986 – ss.3, 5,7, 10, 11, 15, 17-19, 23, 24 – Environmental Law.

Allowing the appeals, the Court

HELD : 1.1 Rule 115 (7) of Central Motor Vehicles Rules,1989 provides that after the expiry of a period of one year fromthe date on which the motor vehicle was first registered, everysuch vehicle shall carry a valid “Pollution under control”certificate issued by an agency authorized for this purpose by theState Government. The validity of the certificate shall be for [six

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Amonths] and the certificate shall always be carried in the vehicleand produced on demand by the officers referred to in sub-rule(1) of Rule 116. Rule 116 and in particular sub-Rule (1) read withsub-Rules 2 to 5 thereof empower an officer to direct the driveror any other person in charge of a motor vehicle to submit thevehicle for a test to measure the standards of emission in anBauthorised testing station and produce a certificate. The driverand/or the person in charge of the vehicle is obliged to complywith such direction. The consequences of non-compliance of Rules115(2) and (7) are prescribed in sub-Rules (4) to (9) of Rule 116of the Central Motor Vehicle Rules. [Paras 22, 24 and 25][1158-CD; 1160-D-E]

1.2 The Green Tribunal Act, 2010 has been enacted toestablish a National Green Tribunal for the effective andexpeditious disposal of cases relating, inter alia, to environmentalprotection and matters connected therewith. Section 2(1) (c) ofDthe said Act defines environment to include water, air and landand the inter-relationship, which exists among and between water,air and land and human beings, other living creatures, plants,micro-organism and property. Section 2(1) (m) defines “substantialquestion relating to environment’. Section 15 clothes the NationalGreen Tribunal with power to pass orders of relief, compensationEand restitution. Section 23 enables the Tribunal to make suchorder as to costs as it may consider necessary and Section 24empowers the Tribunal to make an award for monetarycompensation or relief on the ground of damage to environment.An award or order or decision of the Tribunal under the NationalFGreen Tribunal Act is executable as a decree of the Civil Court,by the Tribunal itself, for which purpose the Tribunal has all thepowers of a Civil Court. The Tribunal may also transmit any orderor award made by it to a Civil Court for execution. An appealfrom a decision of the Tribunal lies to the Court under Section 22

on one or more grounds specified in section 100 of the Code ofGCivil Procedure and/or in other words on a substantial questionof law. This Court does not, therefore, deem it necessary toexamine the correctness of any factual findings in the judgmentsand orders under appeal. The Tribunal constituted under the NGTAct has jurisdiction under Section 14 of the said Act to decide allHcivil cases where any substantial question relating to environment

including enforcement of any right relating to environment isinvolved and such question arises out of the implementation ofthe enactments specified in Schedule I to the said Act, whichincludes The Air (Prevention and Control of Pollution) Act, 1981and the Environment Protection Act, 1986. In view of thedefinition of “substantial question of environment in Section 2(m)of the NGT Act, the Tribunal can examine and decide the questionof violation of any specific statutory environmental obligation,which affects or is likely to affect a group of individuals, or thecommunity at large. For exercise of power under Section 14 ofthe NGT Act, a substantial question of law should be involvedincluding any legal right to environment and such question shouldarise out of implementation of the specified enactments. Violationof any specific statutory environmental obligation gives rise to asubstantial question of law and not just statutory obligations underthe enactments specified in Schedule I. However, the questionmust arise out of implementation of one or more of theenactments specified in Schedule I. The Motor Vehicles Act, 1988may not be specified in Schedule I to the NGT Act. However, thestatutory 1989 Rules framed under the said Act casts statutoryenvironmental obligations on manufacturers, owners and othersin control of motor vehicles, as also the State and other statutoryauthorities under the said Act. The enforcement of the statutoryenvironmental obligations under the 1989 Rules, which is asubstantial question relating to environment, arises out ofimplementation of the 1981 Act and the Environment ProtectionAct and, in particular, Section 20 of the 1981 Act which casts onthe State Government the mandatory duty to give instructions tothe authorities in charge of Registration of Motor Vehicles witha view to ensure compliance of the standards of emission of ourpollutants and Section 7 of the Environmental Protection Act,which prohibits any person from carrying on any operation, whichwould include operation of a motor vehicle, from discharging oremitting any environmental pollutants in excess of prescribedstandards or permitting such discharge or emission. On acombined reading of Sections 3, 7, 10, 11 and 23 of theEnvironment Protection Act, with particular reference to Section3(1), 3(2)(i)(a) and (b), 3(2) (iii, iv) and 3(2)(x) with Section 20 ofthe 1981 Act and Sections 14, read with 2(c), and 2(m) of the A

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ANGT Act and Rules 115 and 116 of the 1989 Rules, the Tribunalhad the power, authority and/or jurisdiction to direct the appellantState Government to strictly implement the requirement ofvehicles to possess and/or display a valid PUC Certificate, andalso to direct the appellant State Government and/or the otherauthorities concerned to take penal action in accordance withBlaw, that is, Rules 115/116 of the 1989 Rules. On a purposivereading of Section 20 with Section 17(1)(g) of the 1981 Act, thestandards of emission prescribed by Rules 115 and 116 of the1989 Rules attract Section 20 of the 1981 Act. Driving a vehiclewithout a pollution PUC certificate entails (i) suspension ofCregistration certificate; (ii) imprisonment which may extend tothree months; (iii) fine which may extend to Rs.10,000/- or both(iv) disqualification for holding licence for a period of three months(v) imprisonment for a term which may extend to six months orwith fine which may extend to Rs.10,000/- or with fine. A perusalof Rule 116(8) and (9) makes it amply clear that the suspensionDof the certificate of registration is temporary. The suspension isuntil such time as a certificate is produced before the RegisteringAuthority certifying that the vehicle complies with sub Rules (2)and (7) of the Rule 115 of the Central rules. A Certificate ofRegistration is also to be deemed to have been suspended, untilEa fresh Pollution Under Control certificate is obtained. When aStatute or a Statutory Rules prescribed a penalty for any act oromission, no other penalty not contemplated in the Statute or aStatutory Rules can be imposed. When Statute requires a thingto be done in a particular manner, it is to be done only in thatmanner. Stoppage of supply of fuel to vehicles not complying withFthe requirement to have and/or display a valid PUC Certificate isnot contemplated either in the 1989 Rules or in the NGT Act.Motor Vehicles not complying with the requirement of possessingand/or displaying a valid PUC Certificate cannot be debarred frombeing supplied fuel. The Tribunal (Central Zonal Bench, Bhopal)Ghad no power and/or authority and/or jurisdiction to pass ordersdirecting the Appellant State Government to issue orders,instructions or directions on dealers, outlets and petrol pumpsnot to supply fuel to vehicles without PUC Certificate. [Paras 26-28, 31, 33, 35, 37–43, 48-50, 52 and 54][1160-E-G; 1162-A; 1164-C-D; 1165-F; 1166-B-H; 1167-A-D; 1168-B-E, F; 1169-A-B]H

1.3 The orders passed by the Tribunal are binding on andenforceable against the Appellant State. The Tribunal had thepower, authority and jurisdiction to direct the Appellant State tostrictly implement compliance with Rules 115 and 116. An orderof the Tribunal under the NGT Act is enforceable in the mannerprovided in Section 25 of the NGT Act. There is no provision inthe NGT Act for deposit of security to secure compliance of anorder of the Tribunal. The penalty for failure to comply with anorder of the Tribunal entails the penalty prescribed in Sections26 and 28 of the NGT Act. Section 39 of the 1981 Act and Section15 of the Environment Protection Act pertain to penalty and/orpunishment for contravention of the provisions of the 1981 Act,and/or the Environment Protection Act and the rules, orders anddirections issued thereunder and Section 41 of the 1981 Act andSection 17 of the Environment Protection Act governs offencesby Government Departments. None of the provisions providefor monetary deposit to secure compliance of an order. TheTribunal had no power and/or authority and/or jurisdiction to directthe appellant State to deposit Rs.25 crores to secure compliancewith its order. In any case such an order should not have beenpassed in review when the initial order did not contain anydirection for security deposit. The impugned judgments andorders of the Tribunal are set aside to the extent that the Tribunalhas directed the Appellant State to make a deposit of Rs.25 croresby way of security and also to the extent that the Tribunal hasdirected the appellant State to issue orders and/or instructionsand/or directions on all dealers and/or outlets and/or petrol pumpsnot to supply fuel to vehicles which do not comply with therequirement of producing and/or displaying valid PUCCertificates. The State appellant shall, however, strictly implementcompliance of Rules 115 and 116 of the Rules and penalize allthose who contravene the said Rules in accordance with theprovisions of the 1989 Rules. [Paras 55-60][1169-B-H; 1170-A]

M. C. Mehta v. Union of India 1988 SC 1030; Dayal v.Union of India AIR 2004 SC 867 : [2003] 3 Suppl. SCR 152 – relied on.

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1988 SC 1030

relied onPara 14relied onPara 15

[2003] 3 Suppl. SCR 152

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 8932-B8933 of 2015.

From the Judgment and Order dated 21.04.2015 and 03.08.2015of the National Green Tribunal, Central Zonal Bench, Bhopal in OA No.1 of 2013 and MA No. 394 of 2015.

Sunil Fernandes, AAG, Zeeshan Diwan, Ms. Nupur Kumar,CMs. Priyansha Indra Sharma, Rahul Kaushik, Atul Dewan, DeepkaranDalal, M.C. Dhingra, Advs. for the Appellant.

Ms. Alka Agrawal, A.K. Kaul, Raj Bahadur, Ms. Kirti Dua,Kaushal Yadav, Rajul Shrivastav, Anup Jain, AdvS. for the Respondents.

The Judgment of the Court was delivered byD

INDIRA BANERJEE, J.

1. These appeals filed by the State of Madhya Pradesh, are againstan order dated 21[st] April, 2015 passed by the National Green Tribunal,Central Zonal Bench, Bhopal, allowing Original Application No. 1/2013E(CZ) filed by the Respondents and directing that motor vehicles notcomplying with the requirement of displaying a valid “Pollution UnderControl” (PUC) Certificate would suffer the consequence of suspensionand/or revocation of the Registration Certificate of the vehicle, and wouldalso not be provided with fuel by any dealer or petrol pump, as well as anorder dated 3[rd] August, 2015 rejecting the application filed by the appellantFfor review of the said order dated 21[st] April, 2015, being the MiscellaneousApplication No.394 of 2015, but granting the appellant a further periodof sixty days for compliance of the order under review on condition ofthe appellant making a deposit of Rs.25 crores with the Registrar of theTribunal within a week from the order dated 3[rd] August, 2015, by way ofGsecurity for compliance with the order, failing which the security depositwould be utilized for environmental needs under the National GreenTribunal Act, 2010.

2 (1). On or about 21[st] July, 2003, the Respondents filed a PublicInterest Litigation (PIL) being Writ Petition No.1341 of 2003 before H

the Indore Bench of the High Court of Madhya Pradesh, seekingdirections on the appellant and other concerned authoritiesimpleaded as respondents, to take immediate steps to stop theplying of motor vehicles which did not conform to pollution controlnorms, on the roads of Indore, and other consequential orders.

(2) By an order dated 3[rd] January, 2013 the High Court transferredthe aforesaid writ petition to the Principal Bench of the NationalGreen Tribunal, Delhi and the same was re-numbered as OriginalApplication No.73 of 2012.

(3) Sometime in March 2013, the Principal Bench, National GreenTribunal, Delhi transferred O.A. No.73 of 2012 to the CentralZonal Bench of the National Green Tribunal at Bhopal and thesame was re-numbered as O.A. No.1/2013. The OriginalApplication No.01/2013 was taken up for hearing on 21[st] April,2015.

On the same day, that is, 21[st] April, 2015. National Green Tribunal,Central Zonal Bench, Bhopal, hereinafter referred to as the learnedTribunal, passed an order noting that the mandatory requirement of Rule115 read with Rule 116 of the Central Motor Vehicles Rules, 1989 formotor vehicles to display a valid PUC Certificate was not beingimplemented. The learned Tribunal did not find the reasons given by theAppellant State for its inability to effectively enforce Rule 115 read withRule 116 of the Central Motor Vehicles Rules satisfactory, including thereason that most of the pollution checking centres were not in workingorder and more centres authorized to issue PUC Certificates wererequired to be set up.

(4) The learned Tribunal held that it was the responsibility of theState and its Transport Department to ensure compliance of theRules and directed that the vehicles not complying with pollutionnorms and not possessing a valid PUC Certificate would have tosuffer the consequence of suspension and/or revocation of theRegistration Certificate of the vehicle. The learned Tribunal alsoheld that a vehicle not displaying a valid PUC Certificate couldnot be provided with fuel by any dealer or petrol pump. Theappellant State Government was directed to take necessary stepsin this regard by issuing necessary orders, instructions and/ordirections within 31[st] July, 2015 and to give wide publicity to such A

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Aorders, instructions, and/or directions. The matter was directed tobe listed on 3[rd] August 2015 for reporting compliance.

3. As stated above, an application filed by the Appellant beingM.A. No. 394/2015, for review of the said order dated 21.4.2015 hasalso been rejected by the order dated 3.8.2015, also under appeal beforeBthis Court. The appellant had, by the aforesaid order dated 3.8.2015,been granted further 60 days for compliance with the order under review,on condition of deposit, within a week from the date of the said order, anamount of Rs.25 crores by way of security for compliance with the saidorder, failing which the security deposit would be utilised for environmentalneeds under the National Green Tribunal Act, 2010.C

4. The main questions involved in this appeal are (a) whether thelearned Tribunal could have directed the appellant State Government toissue orders and/or instructions and/or directions to petrol pumps or retailoutlets or dealers not to supply fuel to vehicles not having a valid PUC;(b) whether motor vehicles not complying with the requirement ofDdisplaying a valid PUC Certificate can be debarred from being providedwith fuel by any dealer/or petrol pump or outlet; and (c) whether a Tribunalconstituted under the Green Tribunal Act, 2010 could have passed ordersdirecting the State Government to make a monetary deposit to securecompliance of an order, and that too in an application for review of anEorder, which did not contain any such direction.

5. Over the last several decades, there has been a growing concernworldwide, over pollution and the consequential decline in air quality.Increase in pollution has led to loss of vegetative cover and ecological/biological diversity, excessive concentration of harmful chemicals in theFambient atmosphere, growing risks of environmental accidents and hasposed a threat to life support systems.

6. In the United Nations Conference on Human Environment heldat Stockholm in June, 1972 it was resolved to protect environmentincluding the quality of air, and to control air pollution. At the saidconference the Indian Government voiced environmental concern andGemphasized on the need to take steps to improve the environment.

7. Keeping view the decisions taken at the Stockholm Conference,the Indian Parliament enacted the Air (Prevention and Control of Pollution)Act, 1981, hereinafter referred to as the 1981 Act, to, inter alia, providefor the prevention and abatement of our pollution.H

8. Some of the relevant provisions of the 1981 Act are:- “2. Definitions —In this Act, unless the context otherwiserequires,—

(a) “air pollutant” means any solid, liquid or gaseous substanceincluding noise present in the atmosphere in such concentrationas may be or tend to be injurious to human beings or other livingcreatures or plants or property or environment; (b) “air pollution” means the presence in the atmosphere of anyair pollutant;

(c) …….

(d) “approved fuel” means any fuel approved by the State Boardfor the purposes of this Act; (e) “automobile” means any vehicle powered either by internalcombustion engine or by any method of generating power to drivesuch vehicle by burning fuel; (f) …….

(g) …….

(h) …….

(i) ……..

(j) “emission” means any solid or liquid or gaseous substancecoming out of any chimney, duct or flue or any other outlet;

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16. Functions of Central Board.—(1) Subject to the provisionsof this Act, and without prejudice to the performance, of itsfunctions under the Water (Prevention and Control of Pollution)Act, 1974 (6 of 1974), the main functions of the Central Boardshall be to improve the quality of air and to prevent, control orabate air pollution in the country.

(2) In particular and without prejudice to the generality of theforegoing functions, the Central Board may—

(a) advise the Central Government on any matter concerning theimprovement of the quality of air and the prevention, control orabatement of air pollution; A

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(b) plan and cause to be executed a nation-wide programme forthe prevention, control or abatement of air pollution;

(c) co-ordinate the activities of the State and resolve disputesamong them; (d) provide technical assistance and guidance to the State Boards,carry out and sponsor investigations and research relating toproblems of air pollution and prevention, control or abatement ofair pollution; B

(dd) perform such of the functions of any State Board as may bespecified in and order made under sub-section (2) of section 18; C

(e) plan and organise the training of persons engaged or to beengaged in programmes for the prevention, control or abatementof air pollution on such terms and conditions as the Central Boardmay specify; (f) organise through mass media a comprehensive programmeregarding the prevention, control or abatement of air pollution; D

(g) collect, compile and publish technical and statistical data relatingto air pollution and the measures devised for its effectiveprevention, control or abatement and prepare manuals, codes orguides relating to prevention, control or abatement of air pollution; E

(h) lay down standards for the quality of air;

17. Functions of State Boards.—(1) Subject to the provisionsof this Act, and without prejudice to the performance of itsfunctions, if any, under the Water (Prevention and Control ofFPollution) Act, 1974 (Act 6 of 1974), the functions of a StateBoard shall be—

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(e) to inspect, at all reasonable times, any control equipment,industrial plant or manufacturing process and to give, by order,Gsuch directions to such persons as it may consider necessary totake steps for the prevention, control or abatement of air pollution;

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(g) to lay down, in consultation with the Central Board and havingregard to the standards for the quality of air laid down by the H

Central Board, standards for emission of air pollutants into theatmosphere from industrial plants and automobiles or for thedischarge of any air pollutant into the atmosphere from any othersource whatsoever not being a ship or an aircraft:

Provided that different standards for emission may be laid downunder this clause for different industrial plants having regard tothe quantity and composition of emission of air pollutants into theatmosphere from such industrial plants;

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(i) to Perform such other functions as may be prescribed or asmay, from time to time, be entrusted to it by the Central Board orthe State Government; (j) to do such other things and to perform such other acts as itmay think necessary for the proper discharge of its functions andgenerally for the purpose of carrying into effect the purposes ofthis Act.

20. Power to give instructions for ensuring standards foremission from automobiles —With a view to ensuring that thestandards for emission of air pollutants from automobiles laid downby the State Board under clause (g) of sub-section (1) of section17 are complied with, the State Government shall, in consultationwith the State Board, give such instructions as may be deemednecessary to the concerned authority in charge of registration ofmotor vehicles under the Motor Vehicles Act, 1939 (4 of 1939),and such authority shall, notwithstanding anything contained inthat Act or the rules made thereunder be bound to comply withsuch instructions.

39. Penalty for contravention of certain provisions of theAct —Whoever contravenes any of the provisions of this Act orany order or direction issued thereunder, for which no penalty hasbeen elsewhere provided in this Act, shall be punishable withimprisonment for a term which may extend to three months orwith fine which may extend to ten thousand rupees or with both,and in the case of continuing contravention, with an additionalfine which may extend to five thousand rupees for every dayduring which such contravention continues after conviction forthe first such contravention.

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41. Offences by Government Departments.—(1) Where anoffence under this Act has been committed by any Departmentof Government, the Head of the Department shall be deemed tobe guilty of the offence and shall be liable to be proceeded againstand punished accordingly:

Provided that nothing contained in this section shall render suchHead of the Department liable to any punishment if he provesthat the offence was committed without his knowledge or that heexercised all due diligence to prevent the commission of suchoffence.

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C(2) Notwithstanding anything contained in sub-section (1), wherean offence under this Act has been committed by a Departmentof Government and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable toany neglect on the part of, any officer, other than the Head of theDepartment, such officer shall also be deemed to be guilty of thatDoffence and shall be liable to be proceeded against and punishedaccordingly

52. Effect of other laws —Save as otherwise provided by orunder the Atomic Energy Act, 1962 (33 of 1962), in relation toradioactive air pollution the provisions of this Act shall have effectEnotwithstanding anything inconsistent therewith contained in anyenactment other than this Act”.

9. Later, the Environment (Protection) Act, 1986 was enacted toprovide for protection and improvement of environment and for mattersconnected therewith, with the view to implement the decision taken atFthe United Nations Conference on Human Environment at Stockholm inJune, 1972, in which India had participated.

10. The Statement of Object and Reasons of the Environment(Protection) Act is set out herein below for convenience:

“1. Concern over the state of environment has grownthe world over since the sixties. The decline in environmentalquality has been evidenced by increasing pollution, loss ofvegetal cover and biological diversity, excessiveconcentrations of harmful chemicals in the ambientatmosphere and in food chains, growing risks of G

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environmental accidents and threats to life support systems.The world community’s resolve to protect and enhance theenvironmental quality found expression in the decisions takenat the United Nations Conference on the Human Environmentheld in Stockholm in June 1972. The Government of Indiaparticipated in the Conference and strongly voiced theenvironmental concerns. While several measures have beentaken for environmental protection both before and after theConference, the need for a general legislation further toimplement the decisions of the Conference has becomeincreasingly evident.

2. Although there are existing laws dealing directly orindirectly with several environmental matters, it is necessaryto have a general legislation for environmental protection.Existing laws generally focus on specific types of pollutionor on specific categories of hazardous substances. Some majorareas of environmental hazards are not covered. There alsoexist uncovered gaps in areas of major environmental hazards.There are inadequate linkages in handling matters ofindustrial and environmental safety. Control mechanisms toguard against slow, insidious build up of hazardous substancesespecially new chemicals in the environment, are weak.Because of a multiplicity of regulatory agencies, there is needfor an authority which can assume the lead role for studying,planning and implementing long term requirements ofenvironmental safety and to give direction to, and co-ordinatea system of speedy and adequate response to emergencysituations threatening the environment.

3. In view of what has been stated above, there is urgent needfor the enactment of a general legislation on environmentalprotection which inter alia, should enable co-ordination ofactivities of the various regulatory agencies, creation of anauthority or authorities with adequate powers forenvironmental protection, regulation of discharge ofenvironmental pollutants and handling of hazardoussubstances, speedy response in the event of accidentsthreatening environment and deterrent punishment to thosewho endanger human environment, safety and health.

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A4. The Bill seeks to achieve the above objects.”

11. Section 3 of the Environment Protection Act, 1986 empowersthe Central Government to take all such measures as it may deemnecessary or expedient for the purpose of protecting and improving thequality of the environment and for preventing and controlling and abatingBenvironment pollution. Section 3(2) (iv) specifically empowers the CentralGovernment to lay down standards for emission of environmentalpollutants, whatever be the source. This is in addition, inter alia, to thegeneral power of the Central Government to lay down standards for thequality of environment in its various aspects under Section 3(2) (iii) ofthe Environmental Protection Act. “Environment Pollutant” includesCgaseous substances injurious to environment emitted from a motor vehicle.

12. Some of the relevant provisions of the Environmental ProtectionAct are set out hereinbelow for convenience.

“5. Power to give DirectionsDNotwithstanding anything contained in any other law butsubject to the provisions of this Act, the Central Governmentmay, in the exercise of its powers and performance of itsfunctions under this Act, issue directions in writing to anyperson, officer or any authority and such person, officer orEauthority shall be bound to comply with such directions.EXPLANATION: For the avoidance of doubts, it is herebydeclared that the power to issue directions under this sectionincludes the power to direct - (a) the closure, prohibition or regulation of any industry,Foperation or process; or (b) stoppage or regulation of the supply of electricity or wateror any other service.

7. Persons Carrying on Industry, Operation, Etc. not to AllowEmission or Discharge of Environmental Pollutants in ExcessGof the Standards No person carrying on any industry, operation or processshall discharge or emit or permit to be discharged or emittedany environmental pollutant in excess of such standards asmay be prescribed.

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15. PENALTY FOR CONTRAVENTION OF THEPROVISIONS OF THE ACT AND THE RULES, ORDERSAND DIRECTIONS.-

(1) Whoever fails to comply with or contravenes any of theprovisions of this Act, or the rules made or orders or directionsissued thereunder, shall, in respect of each such failure orcontravention, be punishable with imprisonment for a termwhich may extend to five years with fine which may extend toone lakh rupees, or with both, and in case the failure orcontravention continues, with additional fine which mayextend to five thousand rupees for every day during whichsuch failure or contravention continues after the convictionfor the first such failure or contravention. (2) If the failure orcontravention referred to in sub-section (1) continues beyonda period of one year after the date of conviction, the offendershall be punishable with imprisonment for a term which mayextend to seven years.

17. OFFENCES BY GOVERNMENT DEPARTMENTS.- (1)

Where an offence under this Act has been committed by anyDepartment of Government, the Head of the Department shallbe deemed to be guilty of the offence and shall be liable to beproceeded against and punished accordingly. Provided thatnothing contained in this section shall render such Head ofthe Department liable to any punishment if he proves that theoffence was committed without his knowledge or that heexercise all due diligence to prevent the commission of suchoffence.

(2) Notwithstanding anything contained in sub-section (1),where an offence under this Act has been committed by aDepartment of Government and it is proved that the offencehas been committed with the consent or connivance of, or isattributable to any neglect on the part of, any officer, otherthan the Head of the Department, such officer shall also bedeemed to be guilty of that offence and shall be liable to beproceeded against and punished accordingly.

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18. PROTECTION OF ACTION TAKEN IN GOOD FAITH.- No suit, prosecution or other legal proceeding shall lie againstthe Government or any officer or other employee of theGovernment or any authority constituted under this Act orany member, officer or other employee of such authority inrespect of anything which is done or intended to be done ingood faith in pursuance of this Act or the rules made or ordersor directions issued thereunder.

19. COGNIZANCE OF OFFENCES.- No court shall takecognizance of any offence under this Act except on acomplaint made by— (a) the Central Government or anyauthority or officer authorised in this behalf by thatGovernment1, or (b) any person who has given notice of notless than sixty days, in the manner prescribed, of the allegedoffence and of his intention to make a complaint, to the CentralGovernment or the authority or officer authorised asaforesaid.

23. Power to Delegate

Without prejudice to the provisions of sub-section (3) ofsection 3, the Central Government may, by notification in theOfficial Gazette, delegate, subject to such conditions andlimitations as may be specified in the notification, such of itspowers and functions under this Act, [except the power toconstitute an authority under sub-section (3) of section 3 andto make rules under section 25] as it may deem necessary orexpedient, to any officer, State Government or other authority.

24. Effect of Other Laws

(1) Subject to the provisions of sub-section (2), the provisionsof this Act and the rules or orders made therein shall haveeffect notwithstanding anything inconsistent therewithcontained in any enactment other than this Act.

(2) Where any act or omission constitutes an offencepunishable under this Act and also under any other Act thenthe offender found guilty of such offence shall be liable to bepunished under the other Act and not under this Act.”

13. Section 24 of the Environment Protection Act provides thatthe provisions of the said Act under Rule or orders made therein shallhave effect not withstanding therein contained in any enactment otherthan the Environment Protection Act. Where any act or omissionconstitutes an offence punishable under the Environment Protection Actand also under any other Act, the offender found guilty of such offenceis liable to be punished under the other Act.

14. The Central Government is empowered to take all suchmeasures as it deems necessary or expedient for the purpose of protectingand improving environment and for preventing, controlling and abatingenvironmental pollution as observed by this Court in M. C. Mehta v.union of India reported in 1988 SC 1030. The existence of the powerto take all necessary measures to control pollution and/or to protect andimprove the environment is coupled with the duty to exercise such power,if circumstances so warrant. It is in discharge of such duty and/orobligation, that the Central Government incorporated certain provisionsin the Rules framed under the Motor Vehicles Act, 1988, as discussedhereinafter.

15. In the case of M.C. Mehta (supra), this Court entertained aPublic Interest Litigation, seeking the directions on the Government to,inter alia, spread information on environmental pollution and the need toprotect environment, free of cost through the radio, television andexhibition of films in cinema halls. One of the main goals of theEnvironment Protection Act 1986 is to ensure sustainable development.This is a concomitant of the right to life under Article 21 of the Constitutionof India, as observed in Dayal V. Union Of India reported in AIR 2004SC 867.

16. In exercise of powers conferred by the Motor Vehicles Actand in particular Section 110 thereof of the Central Government hasframed the Central Motor Vehicles Rules, 1989, hereinafter referred toas “the 1989 Rules”. The 1989 Rules have also been amended fromtime to time to incorporate provisions for laying down standards foremission, discharge of environmental pollutants from motor vehicles.The norms for emission from Motor Vehicles have been incorporated inRules, 115, 115A 115B 115C 115D and 115 E to the 1989 Rules readwith the Tables/Annexures appended thereto.

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A17. Rule 115 of the Central Motor Vehicle Rules, 1989, provides:

“115. Emission of smoke, vapour, etc. from motor vehicles.—[(1) Every motor vehicle other than motor cycles of enginecapacity not exceeding 70 cc, manufactured prior to the firstday of March 1990, shall be maintained in such conditionand shall be so driven so as to comply with the standardsprescribed in these rules.]”

B

(2) On and after 1[st] October, 2004, every motor vehicleoperating on -

(i) Petrol/CNG/LPG shall comply with the idling emissionstandards for Carbon Monoxide (CO) and Hydro carbon (HC)given in the Table below:

C

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(ii) Smoke Density for all diesel driven-vehicles shall be asfollows:- D

………….

(3) On and from the date of commencement of this Sub-rule,all petrol driven vehicles shall be so manufactured that theycomply with the mass emission standards as specified atAnnexure I. The breakdown of the operating cycle used forthe test shall be as specified at Annexure II, and the referencefuel for all such tests shall be specified in Annexure III tothese rules.

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(4) On and from the date of commencement of this Sub-rule,all diesel driven Vehicles shall be so manufactured that theycomply with the standards based on exhaust gas opacity asspecified at Annexure IV to these rules.

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(5) On and from the date of commencement of this sub-ruleall petrol-driven vehicles shall be so manufactured that theyGcomply with the following levels of emissions when tested asper test cycle specified in Annexure V.

Provided the standards for exhaust gas emissions applicableto agricultural tractors shall be notified separately.

(6) Each motor vehicle manufactured on and after the datesHspecified in sub-rule (2), (3), (4) or (5), shall be certified by the manufacturers to be conforming to the standards specifiedin the said sub-sections, and further certify that thecomponents liable to effect the emission of gaseous pollutantsare so designed, constructed and assembled as to enable thevehicle, in normal use, despite the vibration to which it maybe subjected, to comply with the provisions of the said sub-rule.

(7) After the expiry of a period of one year from the date onwhich the motor Vehicle was first registered, every such vehicleshall carry a valid “Pollution under control” certificate issuedby an agency authorized for this purpose by the StateGovernment. The validity of the certificate shall be for [sixmonths] and the certificate shall always be carried in thevehicle and produced on demand by the officers referred toin sub-rule (1) of Rule 116.

Provided that the validity of the certificate shall be twelvemonths for the vehicles manufacture as per Bharat State-IVnorms.

(8) The certificate issued under sub-rule (7) shall, while itremains effective, be valid throughout India.

(9) Mass Emission Standard for Diesel Vehicles

……….”

18. The standards and/or norms of emission from Motor Vehiclesof pollutant gases such as Carbon Monoxide, Hydro Carbon, etc. areprescribed in the Tables and Annexures appended to Rule 115. Rules115A, 115B, 115C, 115D and 115E make special provisions with regard,inter alia, to agricultural tractors, construction equipment vehicles,combine harvesters driven by diesel engines, CNG (compressed NaturalGas) driven vehicles, LPG (Liquefied Petroleum Gas) driven vehicles,Retrofitment of hybrid electric system kit to in use vehicles, massemission standards of Flex Fuel Ethanol (E85) and Ethanol (ED95)vehicles.

19. Sub-rule (3) of Rule 115 provides that on or from the date ofcommencement of the sub-rule, that is, 1[st] April, 1991, all petrol vehiclesare to be so manufactured, as to comply with the emission standard asspecified in the Rules.

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20. Sub-rule (4) of Rule 115 provides that on or from the date ofcommencement of the said sub-rule, which is also 1[st] April, 1991, allsuch diesel driven vehicles shall be so manufactured that they comply,as per their exhaust gas capacity, with the emission standards as specifiedin the Rules.

B21. Sub-rule (6) of Rule 115 provides that each motor Vehiclemanufactured on or after the dates specified in the applicable sub-rulesof Rule 115 shall be certified to conform to the standard specified in theapplicable sub-rules and further certified that the components liable toeffect the emission of gaseous pollutants are so designed, constructedand assembled as to enable the vehicles, in normal view, despite theCvibration to which it may be subjected, to comply with the provisions ofthe applicable sub-rule.

22. Rule 115 (7) provides that after the expiry of a period of oneyear from the date on which the motor vehicle was first registered,every such vehicle shall carry a valid “Pollution under control” certificateDissued by an agency authorized for this purpose by the State Government.The validity of the certificate shall be for [six months] and the certificateshall always be carried in the vehicle and produced on demand by theofficers referred to in sub-rule (1) of Rule 116.

23. Rule 116 of the Central Motor Vehicles Rule, 1989 provides:E“116. Test for smoke emission level and carbon monoxidelevel for motor vehicles.-

(1) Notwithstanding anything contained in sub-rule (7) of rule115 any officer not below the rank of sub-Inspector of PoliceFor the Inspector of Motor Vehicles who has reason to believethat a motor vehicle is not complying with the provision ofsub-rule (2) or sub-rule (7) of rule 115, may, in writing, directthe driver or any person incharge of the vehicle to submit thevehicle for conducting the test to measure the standards ofemission in any one of the authorized testing stations, andGproduce the certificate to an authority at the addressmentioned in the written direction within 7 days from the dateof conducting the check.

(2) The driver or any other person in charge of the vehicleshall upon such direction by the officer referred to in sub- H

rule (1) submit the vehicle for testing for compliance of theprovisions of 16 [sub-rule (2) and sub-rule (7) of rule 115],at any authorized testing station.

(3) The measurement for compliance of the provisions of 16[sub-rule (2) and sub-rule (7) of rule 115] shall be done witha meter of the type approved by any agency referred to inrule 126 of the principal rules or by the NationalEnvironmental Engineering Research Institute, Nagpur – 440001:

[Provided that such a testing agency shall follow MoSRTH/CMVR/TAP-115/116 for approval of measuring metres;]

(4) If the result of the tests indicate that the motor vehiclecomplies with the provisions [sub- rule (2) and sub-rule (7)of rule 115], the driver or any person incharge of the vehicleshall produce the certificate to the authority specified in sub-rule (1) within the stipulated time-limit.

(5) If the test results indicate that the motor vehicle does notcomply with the provisions of [sub-rule (2) and sub-rule (7)of rule 115], the driver or any person incharge of the vehicleshall rectify the defects so as to comply with the provisions ofthe sub-rule (2) of rule 115 within a period of 7 days andsubmit the vehicle to any authorized testing stations to theauthority referred to in sub-rule (1).

(6) If the certificate referred to in sub-rule (1) is not producedwithin the stipulated period of seven days or if the vehiclefails to comply with the provisions of 17[sub-rule (2) andsub-rule (7) of rule 115] within a period of seven days, theowner of the vehicle shall be liable for the penalty prescribedunder sub-section (2) of section 190 of the Act.

(7) If the driver or any person incharge of the vehicle referredto in sub-rule (1) does not produce the said certificate withinthe said period of 7 days, such vehicle shall be deemed tohave contravened the provisions of the sub-rule (2) of rule115 and the checking officer shall report the matter to theregistering authority.

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(8) The registering authority shall on receipt of the reportreferred to in sub-rule (7), for reasons to be recorded in writingsuspend the certificate of registration of the vehicle, until suchtime the certificate is produced before the registering authorityto the effect that the vehicle complies with the provisions of,17a [sub-rule (2) and sub-rule (7) of rule 115].

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(9) On such suspension of the certificate of registration ofthe vehicle, any permit granted in respect of the vehicle underChapter V or under Chapter VI of the Motor Vehicles Act,1988(59 of 1988) shall be deemed to have been suspendeduntil a fresh “Pollution under control” certificate isCobtained.]”

24. Rule 116 and in particular sub-Rule (1) read with sub-Rules 2to 5 thereof empower an officer to direct the driver or any other personin charge of a motor vehicle to submit the vehicle for a test to measurethe standards of emission in an authorised testing station and produce aDcertificate. The driver and/or the person in charge of the vehicle is obligedto comply with such direction and the test is to be done with a meter ofthe specification approved by the National Environmental EngineeringResearch Institute (NEERI), Nagpur or approved by any agency speciallyauthorised in the Rules to do so.

E25. The consequences of non-compliance of Rules 115(2) and (7)are prescribed in sub-Rules (4) to (9) of Rule 116 of the Central MotorVehicle Rules.

26. The Green Tribunal Act, 2010 has been enacted to establish aNational Green Tribunal for the effective and expeditious disposal ofFcases relating, inter alia, to environmental protection and mattersconnected therewith.

27. Section 2(1) (c) of the said Act defines environment to includewater, air and land and the inter-relationship, which exists among andbetween water, air and land and human beings, other living creatures,Gplants, micro-organism and property.

28. Section 2(1) (m) defines “substantial question relating toenvironment’ to include an instance where,—

(i) there is a direct violation of a specific statutory environmentalobligation by a person by which,—

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(A) the community at large other than an individual or group ofindividuals is affected or likely to be affected by theenvironmental consequences; or (B) the gravity of damage to the environment or property issubstantial; or

(C) the damage to public health is broadly measurable;

(ii) the environmental consequences relate to a specific activityor a point source of pollution;

29. Section 3 of the said Act provides:- “Establishment of Tribunal: The Central Government shall, bynotification, establish, with effect from such date as may bespecified therein, a Tribunal to be known as the National GreenTribunal to exercise the jurisdiction, powers and authority conferredon such Tribunal by or under this Act.”

30. The National Green Tribunal derives its jurisdiction to entertainand settle disputes from Section 14 of the said Act set out hereinbelow:- “14. Tribunal to settle disputes

(1) The Tribunal shall have the jurisdiction over all civil caseswhere a substantial question relating to environment (includingenforcement of any legal right relating to environment), is involvedand such question arises out of the implementation of theenactments specified in Schedule I.

(2) The Tribunal shall hear the disputes arising from the questionsreferred to in sub-section (1) and settle such disputes and passorder thereon.

(3) No application for adjudication of dispute under this sectionshall be entertained by the Tribunal unless it is made within aperiod of six months from the date on which the cause of actionfor such dispute first arose:

Provided that the Tribunal may, if it is satisfied that the applicantwas prevented by sufficient cause from filing the application withinthe said period, allow it to be filed within a further period notexceeding sixty days”.

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31. Section 15 of the National Green Tribunal Act, which clothesthe National Green Tribunal with power to pass orders of relief,compensation and restitution provides:- “(1) The Tribunal may, by an order, provide,—

(a) relief and compensation to the victims of pollution and otherenvironmental damage arising under the enactments specified inthe Schedule I (including accident occurring while handling anyhazardous substance); (b) for restitution of property damaged;

(c) for restitution of the environment for such area or areas, asthe Tribunal may think fit.

(2) The relief and compensation and restitution of property andenvironment referred to in clauses (a), (b) and (c) of sub-section (1) shall be in addition to the relief paid or payable underthe Public Liability Insurance Act, 1991 (6 of 1991).

(3) No application for grant of any compensation or relief orrestitution of property or environment under this section shall beentertained by the Tribunal unless it is made within a period offive years from the date on which the cause for such compensationor relief first arose:

Provided that the Tribunal may, if it is satisfied that the applicantwas prevented by sufficient cause from filing the application withinthe said period, allow it to be filed within a further period notexceeding sixty days.

(4) The Tribunal may, having regard to the damage to public health,property and environment, divide the compensation or reliefpayable under separate heads specified in Schedule II so as toprovide compensation or relief to the claimants and for restitutionof the damaged property or environment, as it may think fit.

(5) Every claimant of the compensation or relief under this Actshall intimate to the Tribunal about the application filed to, or, asthe case may be, compensation or relief received from, any othercourt or authority”.

32. Sections 19 and 20 of the said Act reads:- “19. Procedure and powers of Tribunal.

(1) The Tribunal shall not be bound by the procedure laid down bythe Code of Civil Procedure, 1908 (5 of 1908) but shall be guidedby the principles of natural justice.

(2) Subject to the provisions of this Act, the Tribunal shall havepower to regulate its own procedure.

(3) The Tribunal shall also not be bound by the rules of evidencecontained in the Indian Evidence Act, 1872 (1 of 1872).

(4) The Tribunal shall have, for the purposes of discharging itsfunctions under this Act, the same powers as are vested in a civilcourt under the Code of Civil Procedure, 1908 (5 of 1908), whiletrying a suit, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person andexamining him on oath; (b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) subject to the provisions of sections 123 and 124 of the IndianEvidence Act, 1872 (1 of 1872), requisitioning any public recordor document or copy of such record or document from any office; (e) issuing commissions for the examination of witnesses ordocuments; (f) reviewing its decision; (g) dismissing an application for default or deciding it ex parte; (h) setting aside any order of dismissal of any application for defaultor any order passed by it ex parte;

(i) pass an interim order (including granting an injunction or stay)after providing the parties concerned an opportunity to be heard,on any application made or appeal filed under this Act; (j) pass an order requiring any person to cease and desist fromcommitting or causing any violation of any enactment specified inSchedule I; (k) any other matter which may be prescribed.

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(5) All proceedings before the Tribunal shall be deemed to be thejudicial proceedings within the meaning of sections 193, 219 and228 for the purposes of section 196 of the Indian Penal Code (45of 1860) and the Tribunal shall be deemed to be a civil court forthe purposes of section 195 and Chapter XXVI of the Code ofCriminal Procedure, 1973 (2 of 1974).

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20. Tribunal to apply certain principles.

The Tribunal shall, while passing any order or decision or award,apply the principles of sustainable development, the precautionaryprinciple and the polluter pays principle”.

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33. Section 23 enables the Tribunal to make such order as tocosts as it may consider necessary and Section 24 empowers the Tribunalto make an award for monetary compensation or relief on the ground ofdamage to environment. An award or order or decision of the Tribunalunder the National Green Tribunal Act is executable as a decree of theDCivil Court, by the Tribunal itself, for which purpose the Tribunal has allthe powers of a Civil Court. The Tribunal may also transmit any order oraward made by it to a Civil Court for execution.

34. The penalty for failure to comply with an award is prescribedin Chapter IV of the Act containing Sections 26 and 28 relevant to thisEappeal are set out hereinbelow.

“26. Penalty for failure to comply with orders of Tribunal.

(1) Whoever, fails to comply with any order or award or decisionof the Tribunal under this Act, he shall be punishable withimprisonment for a term which may extend to three years, or withFfine which may extend to ten crore rupees, or with both and incase the failure or contravention continues, with additional finewhich may extend to twenty five thousand rupees for every dayduring which such failure or contravention continues afterconviction for the first such failure or contravention:

Provided that in case a company fails to comply with any order oraward or a decision of the Tribunal under this Act, such companyshall be punishable with fine which may extend to twenty-fivecrore rupees, and in case the failure or contravention continues,with additional fine which may extend to one lakh rupees for every G

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day during which such failure or contravention continues afterconviction for the first such failure or contravention.

(2) Notwithstanding anything contained in the Code of CriminalProcedure, 1973 (2 of 1974) every offence under this Act shall bedeemed to be non-cognizable within the meaning of the said Code.

28. Offences by Government Department.

(1) Where any Department of the Government fails to complywith any order or award or decision of the Tribunal under thisAct, the Head of the Department shall be deemed to be guilty ofsuch failure and shall be liable to be proceeded against for havingcommitted an offence under this Act and punished accordingly:

Provided that nothing contained in this section shall render suchHead of the Department liable to any punishment if he provesthat the offence was committed without his knowledge or that heexercised all due diligence to prevent the commission of suchoffence.

(2) Notwithstanding anything contained in sub-section (1), wherean offence under this Act has been committed by a Departmentof the Government and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable toany neglect on the part of any officer, other than the Head of theDepartment, such officer shall also be deemed to be guilty of thatoffence and shall be liable to be proceeded against and punishedaccordingly”.

35. An appeal from a decision of the Tribunal lies to the Courtunder Section 22 on one or more grounds specified in section 100 of theCode of Civil Procedure and/or in other words on a substantial questionof law. This Court does not, therefore, deem it necessary to examine thecorrectness of any factual findings in the judgments and orders underappeal.

36. The first two questions in this appeal, that is, whether thelearned Tribunal could have issued orders on the appellant StateGovernment to direct and/or instruct and/or order dealers, outlets andpetrol pumps not to supply fuel to vehicles which did not have a validPUC Certificate and whether at all a vehicle not complying with therequirement of displaying a valid PUC Certificate could be debarred A

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Afrom being supplied with fuel by any dealer or any outlet or petrol pump,are dealt with together.

37. The Tribunal constituted under the NGT Act has jurisdictionunder Section 14 of the said Act to decide all civil cases where anysubstantial question relating to environment including enforcement ofBany right relating to environment is involved and such question arises outof the implementation of the enactments specified in Schedule I to thesaid Act, which includes The Air (Prevention and Control of Pollution)Act, 1981 and the Environment Protection Act, 1986.

38. In view of the definition of “substantial question of environmentCin Section 2(m) of the NGT Act, the learned Tribunal can examine anddecide the question of violation of any specific statutory environmentalobligation, which affects or is likely to affect a group of individuals, orthe community at large.

39. For exercise of power under Section 14 of the NGT Act, aDsubstantial question of law should be involved including any legal right toenvironment and such question should arise out of implementation of thespecified enactments.

40. Violation of any specific statutory environmental obligationgives rise to a substantial question of law and not just statutory obligationsEunder the enactments specified in Schedule I. However, the questionmust arise out of implementation of one or more of the enactmentsspecified in Schedule I.

41. The Motor Vehicles Act, 1988 may not be specified in ScheduleI to the NGT Act. However, the statutory 1989 Rules framed under theFsaid Act casts statutory environmental obligations on manufacturers,owners and others in control of motor vehicles, as also the State andother statutory authorities under the said Act. The enforcement of thestatutory environmental obligations under the 1989 Rules, which is asubstantial question relating to environment, arises out of implementationof the 1981 Act and the Environment Protection Act and, in particular,GSection 20 of the 1981 Act which casts on the State Government themandatory duty to give instructions to the authorities in charge ofRegistration of Motor Vehicles with a view to ensure compliance of thestandards of emission of our pollutants and Section 7 of the EnvironmentalProtection Act, which prohibits any person from carrying on any operation,which would include operation of a motor vehicle, from discharging orH

emitting any environmental pollutants in excess of prescribed standardsor permitting such discharge or emission.

42. On a combined reading of Sections 3, 7, 10, 11 and 23 of theEnvironment Protection Act, with particular reference to Section 3(1),3(2)(i)(a) and (b), 3(2) (iii, iv) and 3(2)(x) with Section 20 of the 1981Act and Sections 14, read with 2(c), and 2(m) of the NGT Act andRules 115 and 116 of the 1989 Rules, the learned Tribunal had the power,authority and/or jurisdiction to direct the appellant State Government tostrictly implement the requirement of vehicles to possess and/or displaya valid PUC Certificate, and also to direct the appellant State Governmentand/or the other authorities concerned to take penal action in accordancewith law, that is, Rules 115/116 of the 1989 Rules.

43. On a purposive reading of Section 20 with Section 17(1)(g) ofthe 1981 Act, the standards of emission prescribed by Rules 115 and 116of the 1989 Rules attract Section 20 of the 1981 Act.

44. Under the 1989 Rules, it is mandatory for every motor vehicleto carry a valid pollution under control certificate issued by authorizedagency after the expiry of period of one year from the date on which theMotor Vehicle was first registered.

45. On reading of Rule 115 of the 1989 Rules with Rule 116 thefailure to produce a PUC certificate entails the penalty of suspension ofthe Certificate of Registration.

46. Non production of pollution PUC certificate in contraventionof Rule 115(7) (2), as observed above, entails the penalty of suspensionof registration.

47. A perusal of Section 116 (9) makes it amply clear it may entailpenalty under Rule 190(2) of the Motor Vehicles Act, which provides:

“190(2) Any person who drives or causes or allows to be driven,in any public place a motor vehicle, which violates the standardsprescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with imprisonmentfor a term which may extend to three months, or with fine whichmay extend to ten thousand rupees or with both and he shall bedisqualified for holding licence for a period of three months andfor any second or subsequent offence with imprisonment for a A

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[2020] 12 S.C.R.

Aterm which may extend to six months, or with fine which mayextend to ten thousand rupees or with both”.

48. It is amply clear that driving a vehicle without a pollution PUCcertificate entails (i) suspension of registration certificate; (ii)imprisonment which may extend to three months; (iii) fine which mayBextend to Rs.10,000/- or both (iv) disqualification for holding licence fora period of three months (v) imprisonment for a term which may extendto six months or with fine which may extend to Rs.10,000/- or with fine.

49. A perusal of Rule 116(8) and (9) makes it amply clear that thesuspension of the certificate of registration is temporary. The suspensionCis until such time as a certificate is produced before the RegisteringAuthority certifying that the vehicle complies with sub Rules (2) and (7)of the Rule 115 of the Central rules. A Certificate of Registration is alsoto be deemed to have been suspended, until a fresh Pollution UnderControl certificate is obtained.

D50. It is well settled that when a Statute or a Statutory Rulesprescribed a penalty for any act or omission, no other penalty notcontemplated in the Statute or a Statutory Rules can be imposed. It iswell settled that when Statute requires a thing to be done in a particularmanner, it is to be done only in that manner.

E51. There can be no doubt that strong measures must be taken toprotect the environment and improve the air quality whenever there iscontravention of statutory rules causing environmental pollution. Stringentaction has to be taken, but in accordance with law.

52. Stoppage of supply of fuel to vehicles not complying with theFrequirement to have and/or display a valid PUC Certificate is notcontemplated either in the 1989 Rules or in the NGT Act. Motor Vehiclesnot complying with the requirement of possessing and/or displaying avalid PUC Certificate cannot be debarred from being supplied fuel.

53. In passing blanket direction, directing the appellant StateGovernment to ensure that no dealer and/or outlet and/or petrol pumpGshould supply fuel to vehicles without PUC Certificate, de hors the CentralMotor Vehicles Rules, the learned Tribunal overlooked the fact that novehicle can either be repaired to comply with pollution norms, nor testedfor compliance with the political norms upon repair, without fuel.

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54. This Court is, therefore, constrained to hold that the learnedTribunal had no power and/or authority and/or jurisdiction to pass ordersdirecting the Appellant State Government to issue orders, instructions ordirections on dealers, outlets and petrol pumps not to supply fuel to vehicleswithout PUC Certificate. The first two questions are answeredaccordingly.

55. The orders passed by the learned Tribunal are binding on andenforceable against the Appellant State. As observed above, the learnedTribunal had the power, authority and jurisdiction to direct the AppellantState to strictly implement compliance with Rules 115 and 116. An orderof the Tribunal under the NGT Act is enforceable in the manner providedin Section 25 of the NGT Act.

56. There is no provision in the NGT Act for deposit of security tosecure compliance of an order of the Tribunal. The penalty for failure tocomply with an order of the Tribunal entails the penalty prescribed inSections 26 and 28 of the NGT Act.

57. Section 39 of the 1981 Act and Section 15 of the EnvironmentProtection Act pertain to penalty and/or punishment for contraventionof the provisions of the 1981 Act, and/or the Environment ProtectionAct and the rules, orders and directions issued thereunder and Section41 of the 1981 Act and Section 17 of the Environment Protection Actgoverns offences by Government Departments. None of the provisionsprovide for monetary deposit to secure compliance of an order.

58. The learned Tribunal had no power and/or authority and/orjurisdiction to direct the appellant State to deposit Rs.25 crores to securecompliance with its order. In any case such an order should not havebeen passed in review when the initial order did not contain any directionfor security deposit. The third question is accordingly answered.

59. The appeals are thus allowed. The impugned judgments andorders of the learned Tribunal are set aside to the extent that the learnedTribunal has directed the Appellant State to make a deposit of Rs.25crores by way of security and also to the extent that the learned Tribunalhas directed the appellant State to issue orders and/or instructions and/or directions on all dealers and/or outlets and/or petrol pumps not tosupply fuel to vehicles which do not comply with the requirement ofproducing and/or displaying valid PUC Certificates.

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A60. The State appellant shall, however, strictly implementcompliance of Rules 115 and 116 of the Rules and penalize all those whocontravene the said Rules in accordance with the provisions of the 1989Rules. The Registration Certificate of vehicles which do not possess avalid PUC Certificate shall be forthwith suspended and/or cancelled,and penal measures initiated against the owner and/or the person(s) inBpossession and/or control of the offending vehicle, in accordance withlaw.

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Divya Pandey

Appeals allowed.

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