High Court of Delhi was dealing with petition on behalf of the applicants seeking impleadment as petitioners. Notice is accepted by learned counsel for respondents, who submits that without prejudice to their rights and contentions, they have no objection to the application being allowed.
Brief Facts:
Petitioners seek a direction to the respondents to permits the owners of BS-III compliant diesel commercial vehicles to apply for grant or renewal of “all time no entry permission” for operation of their vehicles in Delhi for supply of essential commodities such as fruits and vegetables.
Petitioner’s Contention:
The counsel for the petitioner submitted that the online portal of the respondents, for making the applications, does not permit the owners of BS-III compliant diesel commercial vehicles to apply for grant or renewal of the said permit. It was submitted that the vehicles are otherwise compliant to the decision of the Supreme Court as well as the National Green Tribunal, which prohibits plying of diesel vehicles beyond the age of 10 years in Delhi, NCR.
Respondent’s Contention:
Learned Counsel for the respondent submitted that prohibition has been imposed in terms of Regulation 30 of The Delhi Control of Vehicular and Other Traffic on Road and Streets Regulations, 1980. He further submitted that the direction has been further imposed in view of the order of the Supreme Court dated 20.11.2019.
HC’s Observations:
After hearing both the sides Court stated that as per Regulation 30 the Deputy Commissioner of Police has to issue a notification, whereby plying of medium or heavy transport vehicles in any road or street is prohibited either totally or during specified hours under a permit granted by him. Court found that no notification has been issued by the Deputy Commissioner of Police under the said provision. Respondents have merely omitted to provide an option in the dropdown menu of the online portal.
Court stated that since there is no notification, respondents cannot contend that power has been exercised under Regulation 30. Court stated that “if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner alone and in no other manner” Court noted that Regulation 30 prohibit plying of medium or heavy transport vehicles and does not make a distinction between the type of medium and type of heavy transport vehicle as is sought to be done by the respondents.
Court observed that it is not in dispute that CNG and petrol vehicles can apply for permit on the online portal and restrictions apply only to BS-III diesel vehicles. It is admitted case of the respondents that the non-inclusion of the option in the dropdown menu on the online portal is not consequent to any direction or notification issued by the respondents under Regulation 30. Respondents without any order or notification have simply excluded the option from the dropdown menu of the online portal.
Court observed that the distinction which the respondents are seeking to make is only with regard to engine specification and not the size of the vehicle. So merely because a vehicle is BS-III compliant and not BS-IV or above compliant, it would not in any manner achieve the object allegedly sought to be achieved by respondents i.e., reduction of congestion during those periods in those areas. Court stated that since the respondents have neither issued any order or notification, nor issued any direction but have simply omitted the option for applying in the dropdown menu on the online portal, said action of the respondents cannot be sustained.
HC Held:
After evaluating submissions made by both the parties the Court held that “this petition is disposed of with a direction to the respondents to include the option of BS-III vehicles, which are in conformity with the directions of the Supreme Court and National Green Tribunal with regard to their age and condition for, plying in Delhi in the dropdown menu of the online portal for grant or renewal of “all time no entry permission” permits.”
Bench: Hon’ble Mr. Justice Sanjeev Sachdeva
Case Title: Foundation Of Azadpur Tempo & Truck Welfare v. Delhi Police & Anr.
Case Details: W.P.(C) 13894/2018
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