Delhi High Court
Society For Alternative Fuel And ... vs Nct Of Delhi & Anr on 24 November, 2016
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8797/2016
SOCIETY FOR ALTERNATIVE
FUEL AND ENVIRONMENT SAFE) & ANR ..... Petitioners
Through Mr.Kapil Sankhla with Mr.Shyam
D.Nanda, Mr.R.C.Vats and
Mr.Shashank Mishra, Advocates.
Mr.Kirti Uppal, Sr.Advocate with
Mr.Praveen Kumar Jain and
Ms.Sahiba, Advocates for proposed
P-3.
versus
NCT OF DELHI & ANR ..... Respondents
Through Mr.Sanjoy Ghose, ASC with
Ms.Pratistha Vij, Advocate for
GNCTD.
Mr.Ruchir Mishra with Ms.Namisha
Gupta and Mr.Mukesh Kumar Tiwari,
Advocates for UOI.
% Date of Decision : 24th November, 2016
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
C.M.No.43583/2016
After some arguments, learned senior counsel for proposed petitioner
no.3 wishes to withdraw the present application with liberty to file
appropriate legal proceedings in accordance with law.
Consequently, the application is dismissed as withdrawn.
W.P.(C) No.8797/2016 & C.M.No.36007/2016
1. On 17th October, 2016, this Court had passed the following order:-
"In pursuance to the last order, the Commissioner, Transport
Department, Government of NCT of Delhi held a meeting with
the representatives of the petitioners on 30th September, 2016. A
copy of minutes of the meeting has today been handed over in
Court. The same is taken on record. The relevant portion of the
said minutes of meeting is reproduced hereinbelow:-
"The following issues were discussed and decisions taken:
1. The Petitioners submitted a representation and further
stated that they have seen the demo of software developed
by NIC regarding CNG on-line module. The representative of
SAFE/Petitioners stated that they are satisfied with the NIC
module.
2. The Petitioners stated that the photographs of the CNG
kit taken by the designated testing agency at the time of
giving type approval also need to be uploaded on the
software as a single file along with detail of certificate
including pages of photograph as well as coloured
photograph of each components taken at least from two
angles by the manufacturers/importers. The suggestion of
the petitioners was found acceptable and department will
make provision of these photographs in the software.
3. The information for mapping of the manufacturer to
distributor, manufacturer to direct retro-fitment centre and
distributor to RFC is required to assign unique codes to these
categories to access the on-line software and authorize them
to fill up the data in the software. Manufacturers/Importers
shall furnish the information in the formal to be circulated by
the department.
4. All the Manufacturers/Importers will also provide
purchase information of the kits which were endorsed in
Delhi from 1.9.2015 to 19.6.2016 in excel sheet. Scanned
images of the import bills/purchase invoice in respect of
these kits shall also be furnished by the
manufactures/importers.
5. All the Manufacturers/Importers will be issued log-in
ID/pass-word by today through their E-mail and they will be
directed to change the pass-word on receipt of the same".
However, learned counsel for the petitioners states that the
software programme prepared by NIC is not
operational/functional as of today. He states that due to
glitches in the software programme, the petitioners are
suffering immense financial loss and the trade of retrofitting has
been monopolised by two entities i.e. CEV and LOVATO.
Mr.Sanjoy Ghose, learned counsel for respondent no.1
admits that there are glitches in the software programme
prepared by NIC. He, however, states that he is optimistic that
the new software would be operational/functional within a
period of 20 days.
This Court is of the opinion that in the event NIC is not
able to make the new software programme fully
operational/functional within a period of 20 days, the software
prepared by the petitioners should be considered by the NIC
and if found suitable, should be recommended for acceptance to
the Delhi Government.
As far as the allegation of monopolisation and misuse of
retrofitting trade is concerned, the petitioners are given liberty
to make a detailed representation to the Commissioner,
Transport within a period of one week. Needless to say, the
Commissioner shall dispose of the same by way of a reasoned
order in accordance with law.
List on 24th November, 2016.
Order dasti.
Counsel for respondent no.1 is directed to forward a
copy of the present order to the officials of NIC who are
preparing the concerned software."
2. Today Mr.Sanjoy Ghose, learned ASC for GNCTD has handed over a
copy of letter dated 15th November, 2016, by virtue of which the petitioner's
representation dated 24th October, 2016 has been disposed of.
3. He has also handed over a copy of the office order dated 19 th October,
2016, by virtue of which the impugned circular
no.DC/OPS/CNG/2016/Com/2600-2605 dated 12th August, 2016 has been
superseded. A copy of letter dated 15th November, 2016 as well as office
order dated 19th October 2016 are taken on record.
4. Mr. Sanjoy Ghose further states that the Minister of Transport,
GNCTD on 23rd November, 2016 has taken the following decision:-
"280. Accordingly, it is directed that MLOs shall make requisite
endorsement "CNG Re-fit" in the case of in-use vehicles in
respect of those manufacturers, importers, distributors and retro-
fitment centres of CNG kits who have furnished their details to the
Transport Department in the above said NIC Software Module as
certified by the Department at para 272 & 273.
281. It is also further directed that wide publicity may be given by
way of advertisement in the print media for the benefit of the
public that CNG Kit retro-fitment must be done only from those
manufacturers, importers, distributors and retro-fitment centres of
CNG kits who have furnished their details to the Transport
Department in the above said NIC Software Module as certified by
the Department at para 272 & 273.
282. The Department's suggestion at para 275 that the
endorsement of CNG Fuel in the "in use" vehicles may be
considered only after the outcome of the enquiry of the Anti
Corruption Branch, GNCTD may not be in the public interest as
such a step may lead to further increase in air pollution levels in
the city and considering that the matter is being monitored by the
National Green Tribunal and Hon'ble Supreme Court of India."
5. Lastly, Mr. Ghose, on instructions of Mr.S.S.Chauhan, Deputy
Commissioner (Transport) who is personally present in Court, assures this
Court that the NIC Software shall be fully operational/functional from
tomorrow.
6. In view of the aforesaid office order dated 19th October, 2016 and the
decision of the Minister of Transport, GNCTD dated 23rd November, 2016
as well as the statement made by Mr.Sanjoy Ghose, on instructions of
Mr.S.S.Chauhan, Deputy Commissioner (Transport), learned counsel for the
petitioners states that the grievances with regard to prayers (a) and (b) are
satisfied.
7. As far as prayer (c) is concerned, this Court is of the opinion that the
legal issue raised therein is academic in the light of the aforesaid
developments that have taken place. Consequently, the present writ petition
and application stand disposed of leaving the question of law open.
MANMOHAN, J
NOVEMBER 24, 2016
KA
