Aniruddha Bose, J. - (1.) In this batch of writ petitions, the main controversy relates to legal validity of a notification issued by the State Government on 7th June, 2004 mandating compliance of Bharat Stage II emission norms in respect of different categories of vehicles for which permits are required under the Motor Vehicles Act, 1988 (the Act). The text this notification is reproduced below : "For sometime past the Government had been issuing several directions and orders in the matter of control of vehicular pollution within Kolkata Metropolitan Area. In the light of orders passed by the Hon'ble Division Bench Calcutta High Court dated 30.03.2004 in W. P. No. 2062 of 1999 and after careful consideration of the entire matter the Governor is pleased to issue the following directions in the matter of issue of permits to different categories of vehicles within Kolkata Metropolitan Area : 1.Application for all new permits in respect of transport vehicles (except three-wheelers) operating within Kolkata Metropolitan Area shall be considered by the STA, and the RTAs in respect of only Bharat Stage II emission norms complaint vehicles. 2.Applications for replacement of vehicles (except three-wheelers) against any existing permit within Kolkata Metropolitan Area shall be considered by the STA and the RTAs in respect of only Bharat Stage II emission norms complaint vehicles. 3. Application for issue of new permit in lieu of surrender of an older permit within Kolkata Metropolitan Area shall only be considered by the STA and RTAs in respect of only Bharat Stage II emission norms complaint vehicles only. 4. Application for renewal of permit may be considered on the existing vehicle subject to their compliance to emission norms as fixed by Government of India under Rule 115 of the Central Motor Vehicle Rules. 5. Application for new permits of auto-rickshaws in respect of regularization shall be considered as per the policy already framed in this connection, and accordingly application for replacement of existing auto-rikshaws shall be considered in respect of LPG driven auto-rickshaws only as per the guidelines issued vide number 1080-WT dated 25.03.2003. The above directions shall take immediate effect. The directions and orders as referred to at the outset in the mater of operation of BS II vehicles within Kolkata Metropolitan Area, issued by this department viz., No.3882/WT/8S-78/2000 dated 02.09.2003 and other directions issued in connection therewith resting with No.2189/WT/8S-78/2000 dated 27.05.2004 will stand superseded with immediate effect."
(2.) All the writ petitioners, who were applicants for stage carriage permits or for replacement of vehicles have been refused permits on the ground of their vehicles being non-complaint of Bharat Stage II norms (which I shall describe to briefly as B.S.II). In W. P. No.5999( W) of 2004, the writ petitioner Sujit Roy's application for permit was responded to by the Transport Operator with an offer letter which specified the requirement of BS II norm. He had, however, specified in his application the registration number of the vehicle, which was described as "model 2000", thus not BS II complaint.
(3.) In W.P.No.10359 (W) of 2004, Madhav Saha is an applicant for a new permit, and the offer letter issued to him specified that his vehicle must be Bharat Stage II complaint and not be more than three years old. It is pleaded that in his application, he had disclosed the number of the vehicle. His vehicle also was not BS II complaint.;