NGT Refuses To Extend Registeration Of Special Armoured Diesel Vehicles Used For PM Modi's Security

The National Green Tribunal (NGT) principal bench has rejected the plea filed by Special Protection Group (SPG) of Prime Minister Narendra Modi to extend the registration period of three Specialized Armoured Vehicles (SPV).

The Supreme Court in M.C. Mehta v.. Union of India & Ors [WP (C) No. 13029/1985] has directed that diesel vehicles of more than 10 years' old  shall not ply in NCR in terms of the NGT guidelines.

The SPG submitted that these diesel vehicles are registered upto December 2029 but registration of these vehicles will be cancelled and they will stand deregistered w.e.f. December 12, 2024 on completion of 10 years from the date of initial registration.

While rejecting the plea a bench of Chairperson Prakash Shrivastava and Dr. A.Senthil Vel said, "Undisputedly, the above three SPVs will be completing the period of 10 years from the date of registration in December, 2024 and they are the Diesel Vehicles, therefore, in terms of the direction of the Hon'ble Supreme Court dated 29.10.2018, such vehicles being Diesel Vehicles cannot be permitted to ply in NCR on completion of 10 years."

The Tribunal further added that we are conscious of the fact that these three vehicles are special purpose vehicles which are not normally available and these vehicles have run very less in the last ten years and are needed for the specific purpose of security of the Prime Minister but in view of the order of the Supreme Court in 2018, the prayer made in the application  cannot be granted.

These observations came in response to the plea filed by SPG which is a part of Cabinet Secretariat of Union of India and is an Armed Force of Union of India to provide proximate security to the Prime Minister of India and members of his immediate family. The plea sought direction to Transport Department, NCT of Delhi, Registering Authority to allow extension of registration period of three Specialized Armoured Vehicles by five years i.e. till 23/12/2029.

It was submitted that these vehicles are essential and integral part of Special Protection Group technical logistics. Logistics support like tactical and back up support vehicles are deployed for the teams providing operational and proximate security to the protectees.

"These vehicles are very special in nature/design and in technical /tactical specifications and they are not easily available in market to meet the requirement. The specialized armoured vehicles during the last 9 years have covered only about 6000 Km, 9500 Km and 15000 Km respectively as they are being used only for specific tactical purpose," the plea added.

It was further stated that the applicant had approached the Special Commissioner, Government of NCT of Delhi, Transport Department for extension of registration of these Special Armoured Vehicles for 05 more years beyond the period of 10 years.However, the said prayer has been refused by Registering Authority, NCT of Delhi stating that prayer cannot be acceded to in the light of orders passed by the NGT and Supreme Court.

After hearing the submissions, the NGT referred to its directions in Vardhaman Kaushik & Ors. Vs. Union of India [OA No. 21/2014], where it was held that:

"We have already noticed that certain stringent measures need to be taken to improve the ambient air quality in NCR, Delhi and to ensure that the residents of this area do not travel closer to ill-health by each breath that they take. Thus we hereby direct that all diesel vehicles (heavy or light) which are more than 10 years old, will not be permitted on the roads of NCR, Delhi. All the registering authorities in the state of Haryana, U.P. and NCT, Delhi would not register any diesel vehicle which is more than 10 years old and shall file the list of vehicles before the Tribunal and provide the same to the Police and other concerned authorities. Petrol vehicles which are more than 15 years old and diesel vehicles that are more than 10 yearsold shall not be registered in the NCR, Delhi.”

The Supreme Court in 2018 in M.C. Mehta's case directed the Transport Departments of NCR to follow the NGT guidelines and immediately announce that all the diesel vehicles more than 10 years' old and petrol vehicles more than 15 years' old shall not ply in NCR.

Adding that "no direction contrary" to the order of the Supreme Court can be issued, the Tribunal rejected the SPG's application and refused to grant any relief.

Surya Gupta,. Saumitra Jaiswal &. Gitanjali Sanyal, Advs. for Original Applicant

Gigi. C. George, Adv. for Applicant (SPG) in M.A No. 112/2023

Jyoti Mendiratta & Ananya Basudha, Advs. for Transport Department, GNCTD

Raj Kumar, Adv. for CPCB 

Title: Vardhaman Kaushik v. Union of India & Ors.

Citation: 2024 LiveLaw (NGT) 01

Click here to read/download the order