BHARAT PETROLEUM CORPORATION LTD. versus SUNIL BANSAL & ORS.

Citation: [2009] 14 S.C.R. 711 · Decided: 18-09-2009 · Supreme Court of India · Bench: DALVEER BHANDARI · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2009) 14 (ADDL.) S.C.R. 711 
-'f 
BHARAT PETROLEUM CORPORATION LTD. 
A 
v. 
SUNIL BANSAL & ORS. 
(Civil Appeai No. 6392 of 2009) 
SEPTEMBER 18, 2009 
B 
[DALVEER BHANDARI AND DR. MUKUNDAKAM 
SHARMA, JJ.) 
Central Motor Vehicles Rules, 1989 - r 115(14) (as 
inserted by notification no.GSR 686 (E) dated 20.10.2004) ... c 
Mass emission standard - BS-Ill for four wheeled vehicles -
Four wheeled vehicles manufactured on and from 1.4.2005 
permitted to ply in NCR and certain selected cities only if they 
have BS-Ill certificate - Vehicles plying on Inter-State Permits 
-~ 
or on National Permits or All India Tourist Permits exempted 
D 
-
Petitioner inviting tenders for transportation of LPG 
Cylinders within NCR from Bahadurgarh to Badarpur Depot 
- Trucks to comply with BS-Ill emission norms if manufactured 
on or after 1.4.2005 and not to be more than 12 years old.:... 
Challenge to, by one of the intending bidders - High Court 
E 
holding that bidder entitled to participate in the tender process 
I 
4( 
- On appeal, held: High Court misread the notification which 
was issued to reduce vehicular pollution in a phased manner 
"( 
- Legislature could not have prohibited all vehicles plying il'.l 
-
the city whiQh did not have BS-Ill compliant as that would 
create total chaos - Vehicles manufactured prior to 1.4.2005 
F 
being permitted to ply does not discriminate against the 
prohibition of plying vehicles manufactured after 1.4.2005 
which were not BS-Ill complaint as they fell in different classes 
- There is a clear nexus of classification with the objects 
G 
, 
sought to be achieved - Proviso to r. 90(7) clarifies that 
- ;l 
vehicle registered in NCR, shall pick up or set down good~ 
between two points situated in NCR only when it conforms to 
BS-Ill compliant - Environment law. 
711 
H 
712 
SUPREME COURT REPORTS [2009] 14 {ADDL.) S.C.R. 
A 
The Central Government issued notification no.GSR 
686 (E) dated 20.10.2004 whereby sub-rule (14) was 
inserted in rule 115 of the Central Motor Vehicles Rules, 
1989. It prescribed mass emission standards-Bharat 
Stage-Ill called Euro-Ill for four wheeled vehicles. As per 
B the notification the four-wheeled transport vehicles 
manufa.ctured on and from 1.4.2005, except in respect of 
four wheeled vehicles plying on Inter-State Permits or on 
the National Permits or All India Tourist Permits within the 
jurisdiction of the National Capital Region and certain 
c other selected cities, would be permitted to ply only if they 
have Bharat Stagealll certificate. Appellant invited tenders 
for transportation of LPG Cylinders within the National 
Capital Region from Bahadurgarh to its Badarpur Depot 
and therefrom to LPG distributors within Delhi. The 
0 eligibility criteria was that the trucks should comply with 
BS-111 emission norms if manufactured on or after 1.4.2005 
and truck should not be more· than 12 years from the 
month of floating of· the Notice inviting tenders. 
Respondent no.1 challenged the eligibility criteria. High 
Court dismissed the writ petition. Respondent no.1 filed 
E another writ petition praying for directions to the 
appellant to call and include his companies to participate 
in the price bids. High Court allowed the same. Hence the 
present appeal. 
F 
Allowing the appeal, the Court 
HELD: 1.1. The notifications by the Central 
Government were issued in pursuance to the directions 
of this Court to achieve the object of reducing pollution. 
G in the National Capital Region. As per the clear 
interpretation of the notification, only those vehicles will 
ply in National Capital Region which were manufactured 
on or after 1.4.2005 and are complying with BS-Ill norms. 
The vehicles manufactured prior to 1.4.2005 and 
H 
. --.+ 
.; 
' 
BHARAT PETROLEUM CORPORATION LTD. v. 
713 
SUNIL BANSAL & ORS. 
complying with BS-I and BS-11 norms but are not more A 
than 15 years old can also ply. This notification was 
issued to reduce vehicular pollution in a phased manner. 
By . one stroke, the legislature could not have prohibited 
all vehicles plying in the city which did not have BS-Ill 
compliant as that would have created total chaos, 
B 
therefore, it was introduced in a phased manner as has 
been done in the impugned notification. (Para 23] (724-
F-H; 725-A-B] 
1.2. The High Court held that respondent no.1 is C 
entitled to participate in the tender process initiated by 
the appellant, offering four wheeled vehicles 
manufactured on or after 1.4.2005 which a

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