Delhi High Court
Amar Singh And Ors. vs Government Of N.C.T. Delhi And ... on 30 January, 2003
Equivalent citations: 103 (2003) DLT 770
Bench: A Sikri
ORDER
CWP Nos. 6418,7591/2002 & 48 of 2003 :
1. The challenge in these writ petitions is against action of the respondent authorities who are threatening to impound the autorickshaws/three-wheelers of the petitioners unless they are fitted with CNG kit. Learned Senior Counsel for petitioners submits that such threatening is given purportedly relying upon the orders passed by Hon'ble Supreme Court. His submission is that vide order dated 18th September, 2001 in Writ Petition (Civil) No. 13029/85 entitled M.C. Mehta v. Union of India and Ors., the Hon'ble Supreme Court has clarified that it never directed compulsory conversion of autosor taxis to CNG single fuel mode. He urges that in view of the aforesaid clarification and in the absence of any direction by
Supreme Court, the respondents cannot seize the autos on account of not having been converted to CNG single fuel mode.
2. In the counter affidavit filed on behalf of respondents, respondents have tried to explain various orders passed by the Hon'ble Supreme Court in the aforesaid matter from time-to-time and on that basis it is contended that the direction of the Supreme Court is that all TSRs are to run on clean fuel. It is further explained that the clean fuels which have been identified by Mashelkar Committee are CNG, LPA and Propane Gas and out of these clean fuels propane gas is not available in Delhi and therefore clean fuels which are available in Delhi are CNG and LPG. Therefore, for enforcing use of clean fuel, respondents can direct conversion of TSRs to CNG single fuel mode.
3. It is also pointed out that petitioners had given undertakings in the Hon'ble Supreme Court that they would convert their autos on CNG single fuel mode and these undertakings have neither been allowed to be withdrawn nor discharged by the Hon'ble Supreme Court. Mr. Sawhney submits that such undertakings were given before order 18th September, 2001 was passed by the Hon'ble Supreme Court in the aforesaid writ petitions and therefore those undertakings are not more valid.
4. Be as it may, since petitioners had given undertakings in the aforesaid writ petitions before the Hon'ble Supreme Court, this Court cannot decide that by virtue of order dated 18th September, 2001 these undertakings stand discharged and for this purpose the petitioners shall have to approach the Hon'ble Supreme Court only where such undertakings were given. Even otherwise there is force in the contention of learned Counsel for respondents that as the Apex Court is seized of the matter which is still pending therein, it is proper for the petitioners to approach that Court.
5. In view thereof, these writ petitions are disposed of with liberty to the petitioners to approach the Hon'ble Supreme Court for appropriate relief.
6. Interim orders were passed in these writ petitions to the effect that autos of the petitioners would not be seized unless respondents have issued any direction regarding conversion to CNG single fuel mode in accordance with law. These orders would remain in force for a period of three weeks from today.
7. dusty.
