Tripura High Court Directs State Govt To Frame Comprehensive Electric Vehicle Policy For 'Environmental Protection'

The Tripura High Court has directed the State Government to take urgent steps to frame a comprehensive electric vehicle policy for the State of Tripura in order to achieve the objective of environmental protection through promotion of non-carbon fuel-based vehicles in an efficient and timely manner.

The order by the Bench of Chief Justice Indrajit Mahanty and Justice S. G. Chattopadhyay has come on the Public Interest Litigation (PIL) plea filed by one Smt. Sudipa Nath with the following three prayers:

• Direction to the State of Tripura to frame a comprehensive electric vehicle policy so as to ensure that the objective of environmental protection through promotion of non-carbon fuel based vehicles be achieved in an efficient and timely manner;
• Adoption of the scheme for Faster Adoption and Manufacturing of Electric Vehicles in India Phase II (FAME India Phase II) issued by the Union of India on 8th March 2019; and further a direction has been sought to the respondent No.5, i.e.
• Direction to the Central Institute of Road Transport to set aside the certification made by the respondent No.4 of the London Taxi Model Tx vehicle as a hybrid vehicle.

It was submitted before the Court that the Department of Heavy Industry had launched a scheme namely Faster Adoption and Manufacturing of Hybrid and Electric Vehicles in India (FAME India), for the promotion of electric and hybrid vehicles, thereafter, the certain amendment were made by the Union of India in the police by formulating another scheme namely Faster Adoption and Manufacturing of Electric Vehicles in India Phase II (FAME India Phase II) in March 2019.

It was further argued that at least 13 States in the Union of India have already approved and notified dedicated electric vehicles (EV policies) to promote the adoption of electric vehicles and State of Tripura is yet to approve or notify its EV policies for promotion and adoption of electric vehicles. 

Court's observations 

At the outset, the Court noted that the promotion of alternate fuels to carbon based transport system is being encouraged by the Union of India and electric vehicles are being offered various incentives including subsidies in EV policies for various States including Maharashtra, Gujarat, Odhisha and others, and they have also exempted road tax and registration charges and various incentives have been declared by them.

Further, referring to the ruling of the Supreme Court of India in the case of Subhash Kumar v. State of Bihar reported in (1991) 1 SCC 74, wherein the Court recognized the right to "enjoyment of pollution-free water and air for full enjoyment of life" as a facet of Article 21, the Court observed thus:

"It is imperative to state here that both the Union as well as State Governments are duty-bound to take such steps as to reduce pollution...It need not be reiterated that wherever environmental pollution occurs individuals are entitled to a remedy including removal of polluted water or air which may be detrimental to the quality of life."

Consequently, the Court issued a direction to the Tripura Government to take urgent steps in the public interest to implement and adopt necessary steps under the scheme of FAME India Phase II issued by the Union of India on 08.03.2019 and frame a comprehensive electric vehicle policy.

Further, the Court also directed the Central Institute of Road Transport, to forthwith reconsider the certification process for electric vehicles so that it is in tune with Rule 2(u) of the Motor Vehicles Rules, 1989, AIS-053 and Annexure-C to AIS-049.

The Court also asked it to reconsider the certification of London Taxi Model Tx with Range Extender generator from hybrid to electric/battery operated vehicle if the said vehicle is propelled exclusively by a battery-operated electric motor as claimed by the petitioner and communicate its decision taken to the petitioner by a reasoned order within two weeks.

With this, the PIL was disposed of.

Case title - Smt. Sudipa Nath v. The Union of India & others

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