JUDGEMENT
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(1.) Various oil companies have filed the petition by way of Public Interest Litigation praying for the relief to the effect that no illegal sale of bio-diesel takes place within the State of West Bengal by any of the manufacturers of such bio-diesel. Further prayer has been made to prohibit the respondents from giving sanction to such illegal sale of bio-diesel. Petitioners, i.e. Indian Oil Corporation Limited, Hindustan Petroleum Corporation Limited and the Bharat Petroleum Corporation Limited are the companies duly registered under the Companies Act, 1956. They are involved in the marketing of the oil products. The Union of India has framed an Act being the Petroleum Act, containing provisions for a uniform practice of manufacturing, marketing and selling of different petroleum products. The respondent No. 1 through its Ministry of Petroleum & Natural Gas proposed a policy for use of bio-diesel to be consumed with the petroleum products.
(2.) It is averred in the petition that bio-diesel is an environmental friendly fuel, which has almost no sulphur, no aromatics, and has about 10% built in oxygen. It is safe to handle and the flash points of bio-diesel are higher than conventional diesel. Blending of bio-diesel with diesel would result in the reduction of un-brunt hydrocarbons, carbon monoxide and particulate matter in auto emissions and will be in the line with the objectives of the Auto Fuel Policy of the Government.
(3.) It is further averred that bio-diesel can be made from any feedstock oil or fat. The Ministry of Petroleum and Natural Gas adopted a policy inter alia for purchasing, marketing and use of bio-diesel as fuel. Copy of the said policy has been annexed as annexure "P-1" to the writ petition.;
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