The Kerala High Court allowed a writ petition to set aside an impugned notification issued by the Kerala Government which prescribed a uniform period of six months for the validity of Pollution Under Control (PUC) certificates for all categories of vehicles. The Court held that the notification, irrespective of whether they were manufactured under BS-IV or BS-VI norms, violated the statutory prescription under Sub Rule 7 of Rule 115 of the Central Motor Vehicles Rules, 1989 (hereinafter referred to as ‘the 1898 Rules’).
Brief Facts of the Case:
A writ petition was filed to challenge a notification issued by the Kerala State Government on 22.08.2022. This notification prescribed the validity period and fee for PUC Certificates for various vehicle categories, including two-wheelers and three-wheelers.
Contentions of the Petitioner:
It was argued that the Government Order violated the statutory rules permitted by the Central Government under the 1989 Rules in the exercise of its powers under Sub-Section 14 of Section 88, Sections 110, 137, 164, 208 and 211 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’).
Rule 115(7) mandates a 12-month validity for PUC Certificates for vehicles manufactured under BS-IV or BS-VI norms. The petitioner asserted that the notification's uniform six-month validity period for all vehicles contradicted this statutory provision.
Observations by the Court:
The High Court examined the regulatory framework for controlling emissions from motor vehicles, particularly governed by Rule 115 of the 1989 Rules. As per Sub Rule 7 of Rule 115, every vehicle, after one year from its initial registration, must possess a valid Pollution Under Control (PUC) Certificate, issued by a state-authorized agency. The default validity period for the PUC certificate is six months, except for vehicles manufactured under BS-IV or BS-VI norms, for which it extends to 12 months.
The Court stated that “it is well stated that executive order cannot overwrite the statutory prescription under the Act or Rules made thereunder. I find that the impugned Government notification so far as lying down for all categories of vehicles irrespective of whether manufactured under BS-IV or BS-VI norms six months validity for PUC violates the statutory prescription under Sub Rule 7 of Rule 115.”
The Court concurred with the arguments of the petitioner and highlighted the inconsistency with Sub Rule 7 of Rule 115. The Court declared that the notification, prescribing a uniform validity period for all vehicles, violates the statutory provision.
The decision of the Court:
The Court allowed the writ petition by setting aside the impugned notification. The Court declared that the notification's uniform six-month validity period for PUC, irrespective of emission norms, violated Rule 115(7) of the 1989 Rules. The Court also clarified that the validity of PUC for vehicles manufactured under BS-IV or BS-VI categories should be 12 months from the date of registration.
Case Title: S.Sadananda Naik vs. The Ministry of Road Transport & Highways and Ors.
Coram: Hon'ble Mrs. Justice Dinesh Kumar Singh
Case No.: WP(C) NO. 30776 of 2023
Advocates for the Petitioner: T.S. Harikumar and P.B. Sahasranaman, advocates
Advocates for the Respondents: Adv M. Jayakrishnan Vazhoor and Joby Joseph-GP
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