By Admin 
Delhi high court: According to the new rule, which came into effect from 1 July in Delhi, 10 -year -old diesel and 15 year old petrol trains are not allowed to run on the road. Recognizing this rule, the petrol pump owners were not giving oil to these vehicles. However, he was still fined, due to which he filed a petition in the court. Now the court has issued a notice to the Delhi Government and the Commission for Air Quality Management Committee and sought a reply.
In the Delhi High Court, a bench of Justice Mini Pushkarna, while hearing a petition filed by the Delhi Petrol Dealers Association, has issued a notice to both the parties and listed the case for the next hearing in September.
Petitioners argued in Delhi HC
In fact, from July 1, the instructions for not giving petrol and diesel to the old vehicles in Delhi have been implemented by the Commission for Air Quality Management. For this, the Transport Department, Police and Traffic Department of Delhi Government have made a comprehensive strategy.
However, the petitioners have supported the intention behind these instructions, saying that they are opposed that such rules are being implemented on petrol pump owners, whose enforcement has no legal rights.
Does the rules not apply to petrol pump operators?
The lawyer appearing on behalf of the petitioners in Delhi HC argued that action is being taken against petrol pump operators under Section 192 of the Motor Vehicle Act, while this section does not apply to them. He said that petrol pump dealers are being given the responsibility of implementing the instructions being implemented by the Delhi government, which is out of their jurisdiction.
In such a situation, even if there is an unknowable lapse, they are being punished. It has also been said in the petition that about three thousand vehicles come to a petrol pump daily to fill the oil and sometimes oil is given from several units simultaneously, in which case the possibility of mistake cannot be ruled out.
Is it wrong to implement law on petrol pump owners?
According to the application filed in Delhi HC, petrol pump operators are private institutions that work on contract with oil marketing companies. Having the responsibility of implementing them the law is a violation of the principles of rule of law. However, the petition also acknowledged that strict steps are necessary for pollution control in the NCR area.
According to government officials, CNG -powered overseas vehicles are currently exempted from this rule. In such a situation, it will be very important to see what answer the government files on the petition filed in the court. In 2018, the Supreme Court banned diesel more than 10 years old and petrol vehicles older than 15 years in Delhi. At the same time, the 2014 order of NGT also prohibits parking in public places of vehicles older than 15 years.