Supreme Court Mulls Extending Order For Colour-Coded Stickers To Identity Fuel-Type Of Vehicles Beyond Delhi-NCR

The Supreme Court on Friday (January 3) emphasized the importance of identifying vehicles by their fuel type using colour-coded stickers in addressing air pollution. The Court observed that merely issuing orders without enforcement would not address vehicular pollution.“Some action has to be taken against vehicles which are not compliant, only passing these orders will not serve any purpose”, Justice Abhay Oka remarked.Justice Oka noted that the GRAP framework, which includes removing diesel vehicles during severe pollution, relies on these stickers for enforcement. “That's actually the most vital purpose. So those (vehicles) which diesel stickers could be picked up”, he observed.A bench Justice Abhay S Oka and Justice Augustine George Masih discussed extending the applicability of the Court's earlier directions mandating the use of hologram-based stickers of different colours for different fuel types in the National Capital Region (NCR) to all other states and union territories.During the hearing today, the Court considered: 1. Rule 50(1)(iv) of the Central Motor Vehicle Rules, 1989, mandating hologram-based third registration marks for vehicles. 2. Clauses 6(viii) and 6(ix) of the Motor Vehicle (High Security Registration Plates) Order, 2018, which requires chromium-based hologram stickers with distinct colours for different fuel types. 3. August 13, 2018 Court Order applicable to NCR, prescribing colour-coded stickers: light blue for petrol/CNG and orange for diesel vehicles.4. On December 13, 2023, the Court reiterated the need for compliance with the colour-coded sticker scheme.5. November 4, 2024 Court Order directing all NCR states to file compliance affidavits within a month. It also directed the Ministry of Road Transport and Highways (MoRTH) to meet with transport secretaries and commissioners from other states and union territories to evaluate the implementation of these stickers nationwide.Today, Justice Oka raised a significant question regarding the applicability of the August 13, 2018 order beyond NCR. The bench noted that there is no Court order mandating the implementation of colour coded stickers to other states and union territories. Justice Oka said that the Court may also consider passing a judicial order extending the August 2018 order for the NCR to the entire country, exercising its powers under Article 142 of the Constitution.“Should we now pass an order applying the order concerning NCR states to other states as well by exercising powers under Article 142? Or whether implementation of Clause iv of Rule 50(1) of Central Motor Vehicle Rules will suffice?”, Justice Oka asked.Justice Oka highlighted that Rule 50(1)(iv) of the 1989 Rules, came into force on March 26, 1993 and mandates a third registration mark—a self-destructive, chromium-based hologram sticker affixed to the windshield of vehicles—containing registration details. The Court questioned whether the 2018 HSRP Order which has provisions about colour coded stickers and came into force on April 1, 2019, supersedes Rule 50(1)(iv).Justice Oka urged all parties, including the Additional Solicitor General ASG Aishwarya Bhati and amicus curiae Aparajita Singh, to address the Court on this issue so that a clear order applicable to the entire country can be passed.“The orders of this court, the Central Motor Vehicle Rules 1989 and Clauses 6(viii) and 6(ix) of Motor Vehicle (High Security Registration Plates) Order, 2018 operate in the same field. There cannot be any dispute that in some manner the diesel, petrol etc. vehicles have to be identified by display of sticker”, the Court remarked in its order.The bench indicated that it may pass an order directing compliance with Rule 50(1)(iv) for older vehicles registered between March 26, 1993 and April 1, 2019 while implementing the HSRP Order for vehicles registered after April 1, 2019.“If all of you agree that this 1st April order (HSRP Order which came into force from 1st April, 2019) can be implemented prospectively from that date, and all other vehicles which are registered prior to that, after 26th March (date from which 50(1)(iv) of Central Motor Vehicle Rules came into force) there has to be compliance with Section 50 Clause (iv). Because some action has to be taken against vehicles which are not compliant, only passing these orders will not serve any purpose. So therefore, please address us on this so that we pass proper order”, Justice Oka said.The ASG sought time to take instructions on these matters. The amicus curiae and states were also granted time to examine the relevant laws and rules. The Court scheduled the next hearing on this issue for January 15, 2025.Justice Oka also asked the parties to address why an authority such as the Commission for Air Quality Management in NCR cannot be constituted in other major cities across India. ASG Bhati assured the Court that discussions would be held to minimize differences between stakeholders.Case no. – WP (C) 13029/1985Case...

Supreme Court Mulls Extending Order For Colour-Coded Stickers To Identity Fuel-Type Of Vehicles Beyond Delhi-NCR

Amisha Shrivastava

Tags