Kerala High Court freezes bar on new vehicles

Kochi: Kerala High Court on Friday stayed for two months the order of the National Green Tribunal circuit bench, Kochi, directing the state not to register diesel vehicles with 2000 cc and above capacity, except public transport and local authority vehicles.

Justice P.B. Suresh Kumar issued the order on a petition filed by M.A.M. Babu Mooppan, Managing Director of Nippon Motor Corporation, seeking to quash the NGT order. The court accepted the contentions put forward by senior counsel Jaju Babu.

“Even assuming that the complaint, rather the grievance, of the applicant before the NGT concerns the environmental pollution of the state, there are absolutely no data available before the tribunal to pass such an order which would affect the commercial activities of the state as also the use of various public service vehicles,” the court observed.

It said the applicant--Lawyers Environmental Awareness Forum (LEAF)-- before the Tribunal never sought an order like the one issued by the NGT. The LEAF wanted a ban on all diesel operated trucks, lorries and auto taxis from plying for more than 10 years in the state.

They had also sought a direction to ban the sales of the vehicles manufactured by the Volkswagen Group Sales India Private Ltd until the National Environmental Engineering Research Institute inspects and approves their manufacturing units.

The petitioner submitted that he has 1,363 bookings for a new model SUV and that he has 465 vehicles ready for delivery and registration. On account of the abrupt order passed by the NGT, he was unable to sell a large number of vehicles, some of which are in his possession and some are in transit.

The court refused to interfere with the NGT direction that all the diesel vehicles, whether light or heavy, which are more than 10 year old, shall not be permitted to ply on the roads in Thiruvananthapuram, Kollam, Kochi, Thrissur, Kozhikode and Kannur.