IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938
WP(C).No. 18028 of 2016 (C)
----------------------------
PETITIONER :
-----------------------
AUTOBAHN TRUCKING,
AUTOBAHN TRUCKING CORPORATION PVT. LTD.,
VIII/4248, NH 47, NEAR ATHANI JUNCTION,
NEDUMBASSERY P.O., KOCHI-683 585,
REPRESENTED BY ITS CHIEF OPERATING OFFICER.
BY ADV. SRI.V.KRISHNA MENON
RESPONDENTS:
--------------------------
1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF TRANSPORT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1.
2. TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE,
KERALAM, TRANS TOWERS,
THIRUVANANTHAPURAM-695 001.
BY SPL.GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22-11-2016, ALONG WITH WPC.NO. 20015/2016 AND CONNECTED
CASES, THE COURT ON 08-12-2016 DELIVERED THE FOLLOWING:
sts
WP(C).No. 18028 of 2016 (C)
------------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
---------------------------------------
P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE CENTRAL
GOVERNMENT.
P2 TRUE COPY OF THE CIRCULAR DATED 22-3-2016 ISSUED BY THE SECOND
RESPONDENT.
P3 TRUE COPY OF THE CIRCULAR DATED 29-4-2016 ISSUED BY THE SECOND
RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
-----------------------------------------
/TRUE COPY/
P.A.TO JUDGE
sts
C.R.
P.B.SURESH KUMAR, J.
--------------------------------------------
WP.(C).Nos.18028, 20015, 24158, 24206, 25256
25477, 25478, 25629, 25646 & 26433 of 2016.
---------------------------------------------------------------
Dated this the 8th day of December, 2016
J U D G M E N T
The issue raised for consideration in this batch
of writ petitions is one and the same, and as such, they
are disposed of by this common judgment. The documents
referred to in this judgment are the documents produced
by the petitioner in WP.(C).No.18028 of 2016.
2. The petitioners are concerns/firms/
companies engaged in the trade of automobiles as
dealers of manufacturers. Mass Emission Standards to
regulate the output of air pollutants from internal
combustion engines of automobiles are set by the Central
Pollution Control Board and the same are implemented
WP.(C).No.18028 of 2016 & con. cases
: 2 :
place by place in the country by the Central Government by
amending the appropriate provision in the Central Motor
Vehicles Rules ('the Rules') framed under the Motor Vehicles
Act, 1988 ('the Act'). Sub Rule 15(a) of Rule 115 provides
that Bharat Stage IV Mass Emission Standards ('BS-IV
Standards') shall come into force in thirteen cities specified
therein in respect of four wheeled vehicles manufactured on
or after 1.4.2010, except the four wheeled transport vehicles
plying on inter-State Permits or National Permits or All India
Tourist Permits, within the jurisdiction of the cities
mentioned therein. Later, by virtue of the subsequent
amendments introduced in the form of provisos to sub rule
15(a) of Rule 115 of the Rules, BS-IV Standards have been
implemented in other cities/States also from the dates
mentioned in the said provisos. Ext.P1 is the latest
amendment to sub rule 15(a) of Rule 115 of the Rules. By
virtue of the said amendment, BS-IV Standards have been
introduced to a few States including the State of Kerala in
WP.(C).No.18028 of 2016 & con. cases
: 3 :
respect of four wheeled vehicles manufactured on or after
01.4.2016, except for the four wheeled transport vehicles
plying on inter-State Permits or National Permits or All India
Permits within the jurisdiction of the said States. According
to the petitioners, Ext.P1 amendment applies only to four
wheeled vehicles manufactured after 01.04.2016 and the
same does not apply to vehicles having more than four
wheels. The Transport Commissioner of the State
Government has also endorsed the said view initially by
issuing Ext.P2 circular to the Registering Authorities under
him by directing them to refrain from insisting BS-IV
Standards for vehicles having more than four wheels. Later,
the Transport Commissioner has issued Ext.P3 circular
clarifying that BS-IV Standards are applicable to vehicles
having more than four wheels also manufactured on or after
01.04.2016. These writ petitions are filed at that point of
time challenging Ext.P3 circular on the ground that Ext.P1
amendment does not apply to vehicles having more than
WP.(C).No.18028 of 2016 & con. cases
: 4 :
four wheels. Consequential reliefs are also sought in the writ
petitions.
3. Heard the learned counsel for the petitioners,
the learned Government Pleader as also the learned
Assistant Solicitor General.
4. Rule 2(k) of the Rules defines 'M' category
vehicles as under:
"(k) Category M" means a motor vehicle with at least four
wheels used for carrying Passengers"
Rule 2(o) of the Rules defines 'N' category vehicles as
under :
"Category 'N' as motor vehicle with at least four wheels used
for carrying goods which may also carry persons in addition to
the goods subject to the conditions specified in Para 3.2 of AIS
053-2005, as amended from time to time, till the
corresponding BIS specifications are notified under the Bureau
of Indian Standards Act, 1986 (63 of 1986)"
Sub rule 15 of Rule 115 of the Rules which deals with the
BS-IV Standards for 'M' and 'N' category vehicles, reads thus:
"15. Mass Emission Standards (Bharat Stage IV) for M and N
WP.(C).No.18028 of 2016 & con. cases
: 5 :
Category vehicles :
(a) the Mass Emission Standards for Bharat Stage IV shall
come into force in the National Capital Region and the cities of
Mumbai, Kolkata, Chennai, Bangalore, Hyderabad including
Secunderabad, Ahmedabad, Pune, Surat, Kanpur and Agra in
respect of four-wheeled vehicles manufactured on or after the 1st
April, 2010, except the four-wheeled transport vehicles plying on
Inter-State permits or National permits or All India Tourist permits
within the jurisdiction of these cities :
Provided that the Mass Emission Standards (Bharat Stage-
IV) shall be applicable in the cities of Sholapur and Lucknow in
respect of four wheeler vehicles manufactured on or after 1st June,
2010 except the four wheeler transport vehicles plying on Inter-
State Permits or National Permits or All India Tourist Permits, within
the jurisdiction of the said cities.
Provided further that the Mass Emission Standards (Bharat
Stage IV) shall be applicable in the cities of Puducherry, Mathura,
Vapi, Jamnagar, Ankaleshwar, Hissar, Bharatpur, Daman, Diu,
Silvasa, Unnao, Rae Bareilly, Aligarh, Karnal, Valsad, Yamuna
Nagar, Kurukshetra, Nizamabad, Medak and Mehboobnagar in
respect of four wheeled vehicles manufactured on or after the 1st
October, 2014 except the four wheeled transport vehicles plying on
Inter-State Permits or National Permit or All India Tourist Permits,
within the jurisdiction of the said cities.
WP.(C).No.18028 of 2016 & con. cases
: 6 :
Provided also that the Mass Emission Standards (Bharat
State IV) shall be applicable in the cities of Vrindavan, Kosi Kalan,
Hindaun city, Dholpur, Ahmednagar, Mahabaleshwar, Lonwala,
Palgarh, Dahanu, Talasari, Boisar, Panchagani, Mahad, Nagothana,
Indapura, Vizag, Kochi, Trivandrum, Kavaratti, Nagar, Dig, Nadbai,
Bhiwani, Jind, Mahendragarh, Hansi, Charki Dadri, Narnaul, Kiruli
and Fatehpur Sikri in respect of four wheeler vehicles
manufactured on or after the 15th July, 2015 except the four
wheeler transport vehicle plying on Inter-State Permits or National
Permits or All India Tourist Permits, within the jurisdiction of the
said cities.
Provided also that, without prejudice to the provisions
contained in the above provisos, the Mass Emission Standards,
Bharat Stage IV, shall be applicable to the States of Jammu and
Kashmir (except districts of Leh and Kargil), Punjab, Haryana,
Himachal Pradesh, Uttarakhand and district of Hanumangarh and
Sri Ganganagar in the State of Rajasthan and district of
Saharanpur, Muzaffarnagar, Bijnaur, Jyotiba Phule Nagar, rampur,
Moradabad, Aligarh, Badaun, Bareilly, Mathura, Mahamayanagar,
Etah, Agra, Firozabad, Etawah, Mainpuri, Pilibhit, Shamli, Sambhal,
Farrukabad, Kannauj, Auriya and Kasganj in the State of Uttar
Pradesh in respect of four wheeled vehicles manufactured on or
after the 1st October, 2015, except the four wheeled transport
vehicles plying on Inter-State Permits or National Permits or All
WP.(C).No.18028 of 2016 & con. cases
: 7 :
India Tourist Permits, within the jurisdiction of said district and
States :
Provided also that, without prejudice to the provisions
contained in the above provisos, the Mass Emission Standards,
Bharat Stage IV, shall be applicable in the States of Goa, Kerala,
Karnataka, Telangana, Odisha and the Union territories of Daman
and Diu, Dadra and Nagar Haveli and Andaman and Nicobar
Islands, districts of Mumbai, Thane and Pune in the State of
Maharashtra and districts of Surat, Valsad, Dangs and Tapi in the
State of Gujarat, in respect of four-wheeled vehicles manufactured
on or after the 1st April, 2010, except the four wheeled transport
vehicle plying on Inter-State Permits or National Permits or All India
Tourist Permits, within the jurisdiction of the said district and
States;
1st April, 2016, except the four wheeled transport vehicle plying on
Inter-State Permits or National Permits or All India Tourist Permits,
within the jurisdiction of the said district and States;
Explanation -- For the purposes of sub-rules (14) and (15), the
"National Capital Region" shall have the same meaning as
assigned to it in clause (f) of Section 2 of the National Capital
Region Planning Board Act, 1985 (2 of 1985).
(underline supplied)
WP.(C).No.18028 of 2016 & con. cases
: 8 :
The underlined provisos in the sub rule quoted above are the
provisos introduced by virtue of Ext.P1 amendment. As
recited in the provisos introduced to sub rule 15(a) of Rule
115 of the Rules earlier, the newly introduced fifth proviso
also recites that BS-IV Standards shall be applicable to four
wheeled vehicles manufactured on or after the date
mentioned therein other than the four wheeled vehicles
specifically excluded therein. It is placing reliance on the
expression 'four wheeled vehicles' contained in the provisos
including the fifth proviso, the petitioners contend that the
said proviso does not apply to vehicles having more than
four wheels. The short question therefore, is whether
vehicles having more than four wheels would fall within the
scope of the fifth proviso to sub rule 15(a) of Rule 115 of the
Rules introduced as per Ext.P1 amendment.
5. The learned counsel for the petitioners
vehemently contended that in so far as the provision in sub
rule 15(a) to the Rules and the provisos to the same, are
WP.(C).No.18028 of 2016 & con. cases
: 9 :
categoric in its terms that it applies only to four wheeled
vehicles, there is no scope for any doubt that it does not
apply to vehicles having more than four wheels. According
to the learned counsel, the policy of the Central Government
is to introduce BS-IV Standards to vehicles stage by stage
and place by place in the country and therefore, if one look
at the provision contained in sub rule 15(a) and the
amendments introduced to the said provision from time to
time in the light of the said policy, it is evident beyond doubt
that there is no intention to implement BS-IV Standards for
vehicles having more than four wheels and the expression
'four wheeled vehicles' has been used in the provision for
the said purpose. Per contra, the learned Assistant Solicitor
General as also the learned Special Government Pleader
contended that sub rule 15 of Rule 115 of the Rules deals
with the BS-IV Standards for 'M' and 'N' category vehicles
including vehicles having more than four wheels and
therefore, such vehicles would also come within the scope of
WP.(C).No.18028 of 2016 & con. cases
: 10 :
the provision.
6. The fact that BS-IV Standards have been
made applicable to all four wheeled vehicles coming under
'M' and 'N' categories in the State with effect from 1.4.2016
is not in dispute. Likewise, the fact that vehicles having
more than four wheels would also come under 'M' and 'N'
categories is not in dispute. Rule 115 of the Rules is the
rule dealing with emission of smoke, vapour etc. from motor
vehicles. Sub rules 1 to 14 of Rule 115 deal with the Mass
Emission Standards applicable to vehicles before the
introduction of BS-IV Standards. In all these rules, the
vehicles are categorized only into two wheelers, three
wheelers and four wheelers, wherever the categorization is
warranted. That is the scheme of Rule 115. There is no
reference in sub rules 1 to 14 about vehicles having more
than four wheels. Sub rules 15 to 17 deal specifically with
BS-IV Standards, of which sub rule 15 deals with 'M' and 'N'
category vehicles, sub rule 16 deals with two wheelers and
WP.(C).No.18028 of 2016 & con. cases
: 11 :
sub rule 17 deals with three wheelers. Out of the said sub
rules, sub rule 15 was introduced by way of an amendment
to the Rules on 9.2.2009. The provisos to the said provision
were introduced later from 2010 to 2016. Neither in the
provision nor in its amendments made during the last 6
years, vehicles having wheels more than 4 have been
specifically included. Instead, a common expression viz. 'four
wheeled vehicles' is used in all the provisions. If one look at
sub rule 15 in the light of the scheme of Rule 115 as
aforesaid, it is evident that the expression four wheeled
vehicles contained in sub rule 15(a) is intended to cover all
motor vehicles coming under 'M' and 'N' categories. Further,
when BS-IV Standards have been implemented throughout
the country even for two wheeled and three wheeled
vehicles manufactured after 1.4.2016, there is no reason at
all to exempt vehicles having more than four wheels from
the implementation of BS-IV StandardS. There is yet another
reason also for me to come to the said conclusion. That is
WP.(C).No.18028 of 2016 & con. cases
: 12 :
the heading of sub rule 15. The heading of sub rule 15 is
'Mass Emission Standards (Bharath Stage IV) for 'M' and 'N'
category vehicles'. It is now trite that headings prefixed to a
Rule can be regarded as preambles to the Rule and though
they may not control the plain words of the statute, the
same would certainly explain ambiguous words and if there
is any doubt as to the interpretation of the words in the rule,
the heading would certainly help to resolve the ambiguity
(See Bhinka and others v. Charan Singh (AIR 1959 SC
960). Therefore, it is possible to infer the conclusion arrived
at by me from the heading of the sub rule also. Above all, it
is a settled principle of interpretation that the words of a
statute must be understood in the sense which the
legislature has in view and their meaning must not be found
so much in a strictly grammatical or etymological propriety
of language [See Union of India v. Sankalchand Himatlal
Sheth (1977) 4 SCC 193]. While reiterating the said
proposition, the Apex Court in Union of India v.
WP.(C).No.18028 of 2016 & con. cases
: 13 :
Sankalchand Himatlal Sheth (supra) has referred to the
view expressed by the Supreme Court of United States in
Towne v. Eisner [(1917) 245 US 418] which reads thus:
"The words used in a statute cannot be read in isolation:
their colour and content are derived from their context,
and, therefore, every word in a statute must be
examined in its context. And when I use the word
'context', I mean it in its widest sense as including not
only other enacting provisions of the same statute, but
its preamble, the existing state of the law, other statutes
in the pari materia and the mischief which - the statute
was intended to remedy".
For all the aforesaid reasons, I have no hesitation to hold
that Ext.P1 amendment applies to all 'M' and 'N' category
vehicles. There is, therefore, no merit in the writ petitions
and the same are, accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR
JUDGE
rsr
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938
WP(C).No. 18028 of 2016 (C)
----------------------------
PETITIONER :
-----------------------
AUTOBAHN TRUCKING,
AUTOBAHN TRUCKING CORPORATION PVT. LTD.,
VIII/4248, NH 47, NEAR ATHANI JUNCTION,
NEDUMBASSERY P.O., KOCHI-683 585,
REPRESENTED BY ITS CHIEF OPERATING OFFICER.
BY ADV. SRI.V.KRISHNA MENON
RESPONDENTS:
--------------------------
1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF TRANSPORT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1.
2. TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE,
KERALAM, TRANS TOWERS,
THIRUVANANTHAPURAM-695 001.
BY SPL.GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22-11-2016, ALONG WITH WPC.NO. 20015/2016 AND CONNECTED
CASES, THE COURT ON 08-12-2016 DELIVERED THE FOLLOWING:
sts
WP(C).No. 18028 of 2016 (C)
------------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
---------------------------------------
P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE CENTRAL
GOVERNMENT.
P2 TRUE COPY OF THE CIRCULAR DATED 22-3-2016 ISSUED BY THE SECOND
RESPONDENT.
P3 TRUE COPY OF THE CIRCULAR DATED 29-4-2016 ISSUED BY THE SECOND
RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
-----------------------------------------
/TRUE COPY/
P.A.TO JUDGE
sts
C.R.
P.B.SURESH KUMAR, J.
--------------------------------------------
WP.(C).Nos.18028, 20015, 24158, 24206, 25256
25477, 25478, 25629, 25646 & 26433 of 2016.
---------------------------------------------------------------
Dated this the 8th day of December, 2016
J U D G M E N T
The issue raised for consideration in this batch
of writ petitions is one and the same, and as such, they
are disposed of by this common judgment. The documents
referred to in this judgment are the documents produced
by the petitioner in WP.(C).No.18028 of 2016.
2. The petitioners are concerns/firms/
companies engaged in the trade of automobiles as
dealers of manufacturers. Mass Emission Standards to
regulate the output of air pollutants from internal
combustion engines of automobiles are set by the Central
Pollution Control Board and the same are implemented
WP.(C).No.18028 of 2016 & con. cases
: 2 :
place by place in the country by the Central Government by
amending the appropriate provision in the Central Motor
Vehicles Rules ('the Rules') framed under the Motor Vehicles
Act, 1988 ('the Act'). Sub Rule 15(a) of Rule 115 provides
that Bharat Stage IV Mass Emission Standards ('BS-IV
Standards') shall come into force in thirteen cities specified
therein in respect of four wheeled vehicles manufactured on
or after 1.4.2010, except the four wheeled transport vehicles
plying on inter-State Permits or National Permits or All India
Tourist Permits, within the jurisdiction of the cities
mentioned therein. Later, by virtue of the subsequent
amendments introduced in the form of provisos to sub rule
15(a) of Rule 115 of the Rules, BS-IV Standards have been
implemented in other cities/States also from the dates
mentioned in the said provisos. Ext.P1 is the latest
amendment to sub rule 15(a) of Rule 115 of the Rules. By
virtue of the said amendment, BS-IV Standards have been
introduced to a few States including the State of Kerala in
WP.(C).No.18028 of 2016 & con. cases
: 3 :
respect of four wheeled vehicles manufactured on or after
01.4.2016, except for the four wheeled transport vehicles
plying on inter-State Permits or National Permits or All India
Permits within the jurisdiction of the said States. According
to the petitioners, Ext.P1 amendment applies only to four
wheeled vehicles manufactured after 01.04.2016 and the
same does not apply to vehicles having more than four
wheels. The Transport Commissioner of the State
Government has also endorsed the said view initially by
issuing Ext.P2 circular to the Registering Authorities under
him by directing them to refrain from insisting BS-IV
Standards for vehicles having more than four wheels. Later,
the Transport Commissioner has issued Ext.P3 circular
clarifying that BS-IV Standards are applicable to vehicles
having more than four wheels also manufactured on or after
01.04.2016. These writ petitions are filed at that point of
time challenging Ext.P3 circular on the ground that Ext.P1
amendment does not apply to vehicles having more than
WP.(C).No.18028 of 2016 & con. cases
: 4 :
four wheels. Consequential reliefs are also sought in the writ
petitions.
3. Heard the learned counsel for the petitioners,
the learned Government Pleader as also the learned
Assistant Solicitor General.
4. Rule 2(k) of the Rules defines 'M' category
vehicles as under:
"(k) Category M" means a motor vehicle with at least four
wheels used for carrying Passengers"
Rule 2(o) of the Rules defines 'N' category vehicles as
under :
"Category 'N' as motor vehicle with at least four wheels used
for carrying goods which may also carry persons in addition to
the goods subject to the conditions specified in Para 3.2 of AIS
053-2005, as amended from time to time, till the
corresponding BIS specifications are notified under the Bureau
of Indian Standards Act, 1986 (63 of 1986)"
Sub rule 15 of Rule 115 of the Rules which deals with the
BS-IV Standards for 'M' and 'N' category vehicles, reads thus:
"15. Mass Emission Standards (Bharat Stage IV) for M and N
WP.(C).No.18028 of 2016 & con. cases
: 5 :
Category vehicles :
(a) the Mass Emission Standards for Bharat Stage IV shall
come into force in the National Capital Region and the cities of
Mumbai, Kolkata, Chennai, Bangalore, Hyderabad including
Secunderabad, Ahmedabad, Pune, Surat, Kanpur and Agra in
respect of four-wheeled vehicles manufactured on or after the 1st
April, 2010, except the four-wheeled transport vehicles plying on
Inter-State permits or National permits or All India Tourist permits
within the jurisdiction of these cities :
Provided that the Mass Emission Standards (Bharat Stage-
IV) shall be applicable in the cities of Sholapur and Lucknow in
respect of four wheeler vehicles manufactured on or after 1st June,
2010 except the four wheeler transport vehicles plying on Inter-
State Permits or National Permits or All India Tourist Permits, within
the jurisdiction of the said cities.
Provided further that the Mass Emission Standards (Bharat
Stage IV) shall be applicable in the cities of Puducherry, Mathura,
Vapi, Jamnagar, Ankaleshwar, Hissar, Bharatpur, Daman, Diu,
Silvasa, Unnao, Rae Bareilly, Aligarh, Karnal, Valsad, Yamuna
Nagar, Kurukshetra, Nizamabad, Medak and Mehboobnagar in
respect of four wheeled vehicles manufactured on or after the 1st
October, 2014 except the four wheeled transport vehicles plying on
Inter-State Permits or National Permit or All India Tourist Permits,
within the jurisdiction of the said cities.
WP.(C).No.18028 of 2016 & con. cases
: 6 :
Provided also that the Mass Emission Standards (Bharat
State IV) shall be applicable in the cities of Vrindavan, Kosi Kalan,
Hindaun city, Dholpur, Ahmednagar, Mahabaleshwar, Lonwala,
Palgarh, Dahanu, Talasari, Boisar, Panchagani, Mahad, Nagothana,
Indapura, Vizag, Kochi, Trivandrum, Kavaratti, Nagar, Dig, Nadbai,
Bhiwani, Jind, Mahendragarh, Hansi, Charki Dadri, Narnaul, Kiruli
and Fatehpur Sikri in respect of four wheeler vehicles
manufactured on or after the 15th July, 2015 except the four
wheeler transport vehicle plying on Inter-State Permits or National
Permits or All India Tourist Permits, within the jurisdiction of the
said cities.
Provided also that, without prejudice to the provisions
contained in the above provisos, the Mass Emission Standards,
Bharat Stage IV, shall be applicable to the States of Jammu and
Kashmir (except districts of Leh and Kargil), Punjab, Haryana,
Himachal Pradesh, Uttarakhand and district of Hanumangarh and
Sri Ganganagar in the State of Rajasthan and district of
Saharanpur, Muzaffarnagar, Bijnaur, Jyotiba Phule Nagar, rampur,
Moradabad, Aligarh, Badaun, Bareilly, Mathura, Mahamayanagar,
Etah, Agra, Firozabad, Etawah, Mainpuri, Pilibhit, Shamli, Sambhal,
Farrukabad, Kannauj, Auriya and Kasganj in the State of Uttar
Pradesh in respect of four wheeled vehicles manufactured on or
after the 1st October, 2015, except the four wheeled transport
vehicles plying on Inter-State Permits or National Permits or All
WP.(C).No.18028 of 2016 & con. cases
: 7 :
India Tourist Permits, within the jurisdiction of said district and
States :
Provided also that, without prejudice to the provisions
contained in the above provisos, the Mass Emission Standards,
Bharat Stage IV, shall be applicable in the States of Goa, Kerala,
Karnataka, Telangana, Odisha and the Union territories of Daman
and Diu, Dadra and Nagar Haveli and Andaman and Nicobar
Islands, districts of Mumbai, Thane and Pune in the State of
Maharashtra and districts of Surat, Valsad, Dangs and Tapi in the
State of Gujarat, in respect of four-wheeled vehicles manufactured
on or after the 1st April, 2010, except the four wheeled transport
vehicle plying on Inter-State Permits or National Permits or All India
Tourist Permits, within the jurisdiction of the said district and
States;
1st April, 2016, except the four wheeled transport vehicle plying on
Inter-State Permits or National Permits or All India Tourist Permits,
within the jurisdiction of the said district and States;
Explanation -- For the purposes of sub-rules (14) and (15), the
"National Capital Region" shall have the same meaning as
assigned to it in clause (f) of Section 2 of the National Capital
Region Planning Board Act, 1985 (2 of 1985).
(underline supplied)
WP.(C).No.18028 of 2016 & con. cases
: 8 :
The underlined provisos in the sub rule quoted above are the
provisos introduced by virtue of Ext.P1 amendment. As
recited in the provisos introduced to sub rule 15(a) of Rule
115 of the Rules earlier, the newly introduced fifth proviso
also recites that BS-IV Standards shall be applicable to four
wheeled vehicles manufactured on or after the date
mentioned therein other than the four wheeled vehicles
specifically excluded therein. It is placing reliance on the
expression 'four wheeled vehicles' contained in the provisos
including the fifth proviso, the petitioners contend that the
said proviso does not apply to vehicles having more than
four wheels. The short question therefore, is whether
vehicles having more than four wheels would fall within the
scope of the fifth proviso to sub rule 15(a) of Rule 115 of the
Rules introduced as per Ext.P1 amendment.
5. The learned counsel for the petitioners
vehemently contended that in so far as the provision in sub
rule 15(a) to the Rules and the provisos to the same, are
WP.(C).No.18028 of 2016 & con. cases
: 9 :
categoric in its terms that it applies only to four wheeled
vehicles, there is no scope for any doubt that it does not
apply to vehicles having more than four wheels. According
to the learned counsel, the policy of the Central Government
is to introduce BS-IV Standards to vehicles stage by stage
and place by place in the country and therefore, if one look
at the provision contained in sub rule 15(a) and the
amendments introduced to the said provision from time to
time in the light of the said policy, it is evident beyond doubt
that there is no intention to implement BS-IV Standards for
vehicles having more than four wheels and the expression
'four wheeled vehicles' has been used in the provision for
the said purpose. Per contra, the learned Assistant Solicitor
General as also the learned Special Government Pleader
contended that sub rule 15 of Rule 115 of the Rules deals
with the BS-IV Standards for 'M' and 'N' category vehicles
including vehicles having more than four wheels and
therefore, such vehicles would also come within the scope of
WP.(C).No.18028 of 2016 & con. cases
: 10 :
the provision.
6. The fact that BS-IV Standards have been
made applicable to all four wheeled vehicles coming under
'M' and 'N' categories in the State with effect from 1.4.2016
is not in dispute. Likewise, the fact that vehicles having
more than four wheels would also come under 'M' and 'N'
categories is not in dispute. Rule 115 of the Rules is the
rule dealing with emission of smoke, vapour etc. from motor
vehicles. Sub rules 1 to 14 of Rule 115 deal with the Mass
Emission Standards applicable to vehicles before the
introduction of BS-IV Standards. In all these rules, the
vehicles are categorized only into two wheelers, three
wheelers and four wheelers, wherever the categorization is
warranted. That is the scheme of Rule 115. There is no
reference in sub rules 1 to 14 about vehicles having more
than four wheels. Sub rules 15 to 17 deal specifically with
BS-IV Standards, of which sub rule 15 deals with 'M' and 'N'
category vehicles, sub rule 16 deals with two wheelers and
WP.(C).No.18028 of 2016 & con. cases
: 11 :
sub rule 17 deals with three wheelers. Out of the said sub
rules, sub rule 15 was introduced by way of an amendment
to the Rules on 9.2.2009. The provisos to the said provision
were introduced later from 2010 to 2016. Neither in the
provision nor in its amendments made during the last 6
years, vehicles having wheels more than 4 have been
specifically included. Instead, a common expression viz. 'four
wheeled vehicles' is used in all the provisions. If one look at
sub rule 15 in the light of the scheme of Rule 115 as
aforesaid, it is evident that the expression four wheeled
vehicles contained in sub rule 15(a) is intended to cover all
motor vehicles coming under 'M' and 'N' categories. Further,
when BS-IV Standards have been implemented throughout
the country even for two wheeled and three wheeled
vehicles manufactured after 1.4.2016, there is no reason at
all to exempt vehicles having more than four wheels from
the implementation of BS-IV StandardS. There is yet another
reason also for me to come to the said conclusion. That is
WP.(C).No.18028 of 2016 & con. cases
: 12 :
the heading of sub rule 15. The heading of sub rule 15 is
'Mass Emission Standards (Bharath Stage IV) for 'M' and 'N'
category vehicles'. It is now trite that headings prefixed to a
Rule can be regarded as preambles to the Rule and though
they may not control the plain words of the statute, the
same would certainly explain ambiguous words and if there
is any doubt as to the interpretation of the words in the rule,
the heading would certainly help to resolve the ambiguity
(See Bhinka and others v. Charan Singh (AIR 1959 SC
960). Therefore, it is possible to infer the conclusion arrived
at by me from the heading of the sub rule also. Above all, it
is a settled principle of interpretation that the words of a
statute must be understood in the sense which the
legislature has in view and their meaning must not be found
so much in a strictly grammatical or etymological propriety
of language [See Union of India v. Sankalchand Himatlal
Sheth (1977) 4 SCC 193]. While reiterating the said
proposition, the Apex Court in Union of India v.
WP.(C).No.18028 of 2016 & con. cases
: 13 :
Sankalchand Himatlal Sheth (supra) has referred to the
view expressed by the Supreme Court of United States in
Towne v. Eisner [(1917) 245 US 418] which reads thus:
"The words used in a statute cannot be read in isolation:
their colour and content are derived from their context,
and, therefore, every word in a statute must be
examined in its context. And when I use the word
'context', I mean it in its widest sense as including not
only other enacting provisions of the same statute, but
its preamble, the existing state of the law, other statutes
in the pari materia and the mischief which - the statute
was intended to remedy".
For all the aforesaid reasons, I have no hesitation to hold
that Ext.P1 amendment applies to all 'M' and 'N' category
vehicles. There is, therefore, no merit in the writ petitions
and the same are, accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR
JUDGE
rsr
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