Shivani Gadhavi –
Published On: December 15, 2021 at 19:15 IST
The Supreme Court dismissed a Plea by the Bajaj Auto Limited which challenged the Delhi Government’s decision to provide 4,261 new permits to only e-autos for prevention of pollution in the Capital.
The Petition stated, “The decision tantamount to an indirect ban on new CNG TSRs, and also amounts to restricting market opportunities to one class of vehicles over another, without rational basis or intelligible differentia.”
The Bajaj Auto Limited had moved to the Supreme Court after an advertisement of the Delhi Government was published which invited applications for registration of 4,621 e-autos. The Bajaj Auto Limited found this advertisement to be arbitrary and discriminatory in nature.
The Supreme Court Bench of Justices L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna stated, “Residents of Delhi are badly affected by the air pollution, undoubtedly a part of which is contributed by vehicles. Even though CNG autos are BS-VI compliant, there is still some carbon emission.”
The Supreme Court Bench pointed out that the advertisement of the Delhi Government which called out for applications for electric auto rickshaws is valid as it comes under the FAME-II scheme and the Electric Vehicle Policy, 2020.
The Supreme Court Bench stated, “We also do not agree that the fundamental right of the applicant (Bajaj Auto) is violated. Amendment to Motor Vehicles Act cannot be read to mean that addition of e-autos on the road can be done over and above one lakh autos.”