MADHAB SAHA Vs. STATE

JUDGEMENT

(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 :

(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.