Supreme Court Allows Registration Of BS-IV Vehicles' Sale Uploaded On E-Vahan Portal Before March 31, 2020
The Supreme Court has permitted registration of those BS-IV vehicles whose sales were uploaded on e-Vahan portal before 31.03.2020 provided that the temporary/permanent registration was granted before the cut off date, i.e. 31.03.2020The concerned transport authorities have however been directed to carefully scrutinize the records to ensure that the sales are genuine and have taken place prior...
The Supreme Court has permitted registration of those BS-IV vehicles whose sales were uploaded on e-Vahan portal before 31.03.2020 provided that the temporary/permanent registration was granted before the cut off date, i.e. 31.03.2020
The concerned transport authorities have however been directed to carefully scrutinize the records to ensure that the sales are genuine and have taken place prior to 31.03.2020.
"The concerned transport authorities are directed to carefully scrutinize the records to ensure that the sales are genuine and have taken place prior to 31.03.2020", the Court directed.
The direction has been passed in a set of applications filed by the owners/dealers of BS-IV vehicles where the sales of the vehicles have been registered on the e-Vahan portal and temporary/permanent registration was granted to these vehicles prior to 31.03.2020.
"Sales of the vehicles which have been uploaded on e-Vahan portal before 31.03.2020 can be registered by the concerned transport authorities provided that the temporary/permanent registration was granted before the cut off date, i.e. 31.03.2020. The concerned transport authorities are directed to carefully scrutinize the records to ensure that the sales are genuine and have taken place prior to 31.03.2020", the order passed by a bench comprising Justice L Nageswara Rao, Justice BR Gavai and Justice BV Nagarathna stated.
Modifying its earlier order, the Supreme Court has allowed High Courts to entertain writ petitions in relation to registration of BS-IV vehicles.
On Tuesday (November 30), the Court modified its previous order dated 15th June 2020 in which it was made clear that no registration of any BS-IV vehicles can be made without the permission of this Court.
The order has been modified to the effect that High Courts can entertain Writ Petitions for registration of BS IV vehicles purchased prior to 31.03.2020 and uploaded on the E-Vahan web-portal before that date.
Registration of BS IV Vehicles Sold Prior To 31 March 2020
The Bench also permitted the registration of BS-IV vehicles which were sold prior to 31.03.2020 without insisting on the transactions being uploaded on e-Vahan portal in Manipur.
The direction has been passed after perusing applications filed seeking a direction to the authorities of the State of Manipur to register BS-IV vehicles sold before 31.03.2020 whose registrations are not done.
The applicants submitted that the e-Vahan portal was started only on 28.09.2020 and one of the conditions for registration of BS-IV vehicles which were sold prior to 31.03.2020 is registration of sales on e-Vahan portal.
The Bench accordingly directed the concerned authorities of the transport department of the State of Manipur to do a careful scrutiny to find out that the transactions are genuine and the sales were done prior to 31.03.2020.
Clarification Regarding Vehicles in Delhi NCR Region:In an application filed by the Transport Department, Govt. of NCT of Delhi, the Bench has clarified that all vehicles sold between 27th March 2020 to 31st March 2020 shall be registered provided the transactions have been uploaded on E-Vaahan Portal and the temporary or permanent registration was granted before the cut off date i.e. 31.03.2020.
Registration Of BS-III compliant Oxytrucks To Supply Oxygen To Hospitals:
The Bench also made an exception for 4 BS-III compliant Oxytrucks and allowed its registration after the Amicus Curiae submits that Oxytrucks were donated by Raytheon Technologies, Germany and they have been put to good use when the country was gasping for breath during the covid period.
The Bench allowed the application been filed by the State of Haryana seeking permission to register Euro III Compliant Oxytrucks to cater to the need of oxygen at different hospitals and directed the Transport Authorities to register the four Oxytrucks.
Import Of Calcinated Pet Coke:
The Bench has asked for the Commission for Air Quality Management's response to applications filed seeking permission to import calcinated pet coke for industries in addition to the quantity fixed by the Supreme Court.
The top Court through its order dated 09.10.2018 had fixed a cap of 0.5 MT per annum on the total quantity of pet coke to be imported.
The Bench has directed the Commission for Air Quality Management to submit a report within four weeks, regarding the impact on environment if these applications are allowed.
Background:
Supreme Court through its order on 13th August 2020 had granted a limited relief with respect to the registration of BS-IV vehicles, by allowing the registration of such vehicles which whose sale took place before March 31st but which could not be registered during lockdown in the month of March, 2020.
"There are still stated to be a large number of sales which have been made and uploaded on the E-Vaahan Portal, even temporary registrations were made. Their registration during the lockdown period could not be made. Hence, we allow registration of such vehicles only which could not be registered during lockdown in the month of March, 2020 and for no other reason", ordered a bench comprising Justices Arun Mishra, BR Gavai and Krishna Murari.
Furthermore, the Supreme Court had clarified that the Order for allowing registration applied to the entire country, but not Delhi-NCR. It had been categorically laid down that there will be absolutely no registration of BS-IV vehicles in Delhi-NCR post-March 31, 2020.
The Court elaborated that it had allowed registration of BS IV vehicles which had been sold in Indian before the nationwide lockdown, but could not be properly registered, as per procedure, due to the same.
It was made amply clear that this relaxation in registration was being allowed only because of the lockdown and must not to be construed in any other way or used for any other purpose, or for the registration of any other vehicle which was not done due to other reasons.
On July 31, the Court had recalled its March 27 order which allowed sale of 10% of unsold BS-IV vehicles for ten days after the lockdown, in areas except Delhi-NCR, after noting that the automobile dealers sold such vehicles during the lockdown in violation of the order.
Following the recall of the order, the bench headed by Justice Arun Mishra held that such vehicles sold during lockdown should not be treated as sold, and that the consideration received should be refunded to the purchasers. The Court also ordered that no such vehicle sold after March 31 should be registered.
"...the vehicles shall be treated to be with dealers as if they are not sold and consideration if any received shall be returned forthwith to the purchasers, no such vehicles sold after 31.03.2020 of BS-IV technology shall be registered", the bench had ordered then
In July, Supreme Court also took exception to FADA's request to allow dealers to return unsold inventory to the manufacturers so that they could be exported to other countries.
To put this in context, it must be noted that on March 27, the Top Court had permitted the sale of 10 per cent of unsold BS-IV vehicles to make up for six days lost due to the nationwide lockdown. However, on July 8, this Order was recalled on account of misuse of the Order, whereby more vehicles were sold than was permissible.
As this was brought to the Court's notice, the Order was recalled, following which registration was banned on July 31.
Bharat Stage (BS) emission norms are standards instituted by the government to regulate output of air pollutants from motor vehicles. The BS-IV norms have been enforced across the country since April 2017. From April 1, 2020, BS-VI norms came into force.
Citation : LL 2021 SC 699