The Hon’ble Supreme Court in the famous case of M.C. Mehta vs. Union of India & Ors came up before the Hon’ble Judges Hon’ble Mr.Justice Arun Mishra, Hon’ble Mr.Justice Abdul Nazeer and Hon’ble Ms.Justice Indira Banerjee regarding ban on sale of BS-IV vehicles after 31.3.2020 and the Hon’ble Judges came down heavily on the sale of more than 10000 BS -IV
Learned Senior Advocate Shri S. PRABAKARAN appeared for Mr. anand Singhvi one of the applicant and the car owner who had purchased a Skoda Rapid motor car (Petrol Variant – BS IV) from Gurudev Motors Private Limited, Anna Salai, Chennai, well within the stipulated time period as ordered by the Hon’ble Supreme Court in its earlier judgment dated 24.10.2018.
The owner of the vehicle is a resident of Sivakasi Town in Virudhunagar District of Tamil Nadu and he purchased the vehicle from Chennai on 12.03.2020 and thereafter, on 18.03.2020, he was also issued Temporary Certificate of Registration by the Transport Department of Government of Tamil Nadu.
It is contented that the vehicle was not inspected by the RTO on 21.03.2020 and again he was asked to visit the RTO office again on 24.03.2020 when the covid -19 lockdown commenced. On 24.03.2020 the nation-wide lockdown was announced in view of the threat imposed by the spread of COVID–19 and all the government departments were closed for 21 days, which was subsequently extended until 31.05.2020.
However, in spite of number of visits of the Regional Transport Office, Sivakasi by the owner of vehicle, the same was not registered because of the imposition of nationwide lockdown and closure of the Government Departments in Tamil Nadu.
Senior Counsel Mr. S. PRABAKARAN advanced the plea that the case of the owner of the vehicle is different from others inasmuch he was issued Temporary Certificate of Registration even prior to order dated 27.03.2020. And further contended that the Government of India vide Letter dated 30.03.2020 extended the validity of the documents under the Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 including Temporary Certificate of Registration till 30.06.2020. In compliance of the same, the Home Department of Government of Tamil Nadu issued G.O. (D) No.615 dated 14.05.2020.
Finding merit in the contentions of the Learned Senior Counsel, the Hon’ble Supreme Court after hearing the arguments advanced, the Hon’ble Judges of the Supreme Court – Hon’ble Justice Arun Mishra, Hon’ble Justice Abdul Nazzer and Hon’ble Justice Indira Banerjee had passed an order to verify if the vehicle is part of the E-Vaahan portal and subsequently directed ASG Aishwarya Bhati to put the same on record and also asked the amicus curaie Aparjita singh to ascertain the status of the same and subsequently posted the matter for 23.07.2020.
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