The Delhi High Court has issued a notice to the Delhi government on a plea filed by Delhi Petrol Dealers Association challenging the prosecution of fuel pump owners for refuelling banned End of Life Vehicles (ELVs) [Delhi Petrol Dealers Association & Anr v Government of NCT of Delhi & Anr] .
In an order passed on July 2, Justice Mini Pushkarna said that if any pump owner is penalised for the act, the same can be brought to the notice of the Court.
The case will be heard next on September 8.
The Delhi government recently implemented a fuel ban with respect to ELVs. As per the same, fuel stations are not allowed to refuel diesel vehicles older than 10 years and petrol vehicles older than 15 years.
The government has claimed that the move will curb vehicular air pollution in the national capital.
However, the association of petrol dealers moved the Court arguing that the government has now burdened fuel pump owners and their attendants with the responsibility of implementing the government guidelines without them being necessarily equipped or authorised under any law.
They sought quashing of the government order and Standard Operating Procedures (SOPs) that prosecute and penalise pump owners under Section 192(1) of the Motor Vehicles Act, 1988, in case of non-compliance with the ‘No fuel to End of Life vehicles Rule’.
The association argued that while they are not opposed to the directions restricting fuel supply to ELVs, and are willing to extend cooperation, they object to the “excessive, irrational and disproportionate liability being fastened upon them by way of seeking to prosecute and penalise them”.
Advocates Anand Varma, Adaysha Nanda and Apoorva Pandey appeared for the petitioners.
The Delhi government was represented by its Standing Counsel Sameer Vashish and advocate Harshita Nathrani.