Supreme Court in the case of M.C. Mehta v. Union of India & Ors. [I.A.
Nos. 487/2017, 491/2017, 494/207, 489/2017, 495/2017 in Writ Petition (Civil)
No.13029 of 1985], issue pertaining to the sale and registration and therefore the
commercial interests of manufacturers and dealers of such vehicles that do not meet
the Bharat Stage-IV (‘BS-IV’) emission standards as on 1st April, 2017 was
examined keeping in mind the potential health hazard of such vehicles being
introduced on the road.
It was observed that “the number of such vehicles may be small compared to
the overall number of vehicles in the country but the health of the people is far, far
more important than the commercial interests of the manufacturers or the loss that
they are likely to suffer in respect of the so-called small number of such vehicles.”
While observing that the manufacturers of such vehicles were fully aware that
eventually from 1st April, 2017 they would be required to manufacture only BS-IV
compliant vehicles but for reasons that are not clear, they chose to sit back and
declined to take sufficient pro-active steps”, it was directed that: “(a) On and from 1st
April, 2017 such vehicles that are not BS-IV compliant shall not be sold in India by
any manufacturer or dealer, that is to say that such vehicles whether two wheeler,
three wheeler, four wheeler or commercial vehicles will not be sold in India by any
manufacturer or dealer on and from 1st April, 2017. (b) All the vehicle registering
authorities under the Motor Vehicles Act, 1988 are prohibited for registering such
vehicles on and from 1st April, 2017 that do not meet BS-IV emission standards,
except on proof that such a vehicle has already been sold on or before 31st March,
2017.”[On 29th March, 2017]
