Enable BS-III diesel CV owners to apply for no entry permit, orders Delhi HC
The Delhi High Court has directed the Delhi government to include the BS-III commercial diesel vehicles in the drop-down menu of the online portal for the grant or renewal of "all-time no entry permission" permits. Delhi HC justice Sanjeev Sachdeva said that no notification has been issued by the deputy commissioner of police to impose restrictions on BS-III vehicles under the Delhi Control of Vehicular and Other Traffic on Road and Streets Regulations of 1980 for such permits and the authorities have merely omitted to provide an option in the drop-down menu of the online portal.
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"Since the respondents have neither issued any order or notification, nor issued any direction but have simply omitted the option for applying in the drop-down menu on the online portal, the action of the respondents cannot be sustained," reads the court order dated December 21.
Justice Sachdeva ordered this ruling while hearing a petition filed by the Foundation of Azadpur Tempo and Truck Welfare. He also observed that merely because a vehicle is BS-III compliant and not BS-IV or above compliant, it will not in any manner achieve the object of reducing congestion on roads.
The court clarified that despite its order, the authorities are free to issue an appropriate notification for excluding the BS-III vehicles.
The petitioner sought directions to the respondents, the Delhi government and the Delhi Police, to permit the owners of BS-III compliant commercial diesel vehicles to apply for grant or renewal of all-time no entry permission for the operation of their vehicles in the national capital region for supplying essential commodities.
The Delhi High Court also said that it is not in dispute that CNG and petrol vehicles can apply for the permit on the online portal and restrictions apply only to BS-III diesel vehicles.
The court further ordered that the petition is disposed of with a direction to the respondents to include the option of BS-III vehicles, which are in conformity with the directions of the Supreme Court and National Green Tribunal with regard to their age and condition for plying in Delhi, in the drop-down menu of the online portal for grant or renewal of 'all-time no entry permission' permits.