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STATE OF MADHYA PRADESH vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT & ORS.

SCR Citation: [2020] 12 S.C.R. 1139
Year/Volume: 2020/ Volume 12
Date of Judgment: 28 August 2020
Petitioner: STATE OF MADHYA PRADESH
Disposal Nature: Appeal Allowed
Neutral Citation: 2020 INSC 516
Judgment Delivered by: Hon'ble Ms. Justice Indira Banerjee
Respondent: CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT & ORS.
Case Type: CIVIL APPEAL /8932/2015
Order/Judgment: Judgment
1. Headnote

National Green Tribunal Act, 2010 – ss. 2(1)(c), (m), 3, 14,15, 19, 20, 22-24 – Blanket directions issued by National GreenTribunal (NGT) that motor vehicles not displaying valid PollutionUnder Control (PUC) Certificate would suffer suspension/revocationof Registration Certificate, and would also be debarred from beingsupplied fuel – Review – Rejected – On appeal, held: Stoppage ofsupply of fuel to vehicles not complying with the requirement tohave and/or display a valid PUC Certificate is not contemplatedeither in the 1989 Rules or in the NGT Act – Tribunal had no powerto pass orders directing the State Government to issue orders/instructions/directions to dealers, outlets and petrol pumps not tosupply fuel to vehicles without PUC Certificate – Further, Tribunalalso had no power to direct the State to deposit Rs.25 crores tosecure compliance with its order – Such an order should not havebeen passed in review when the initial order did not contain anysuch direction – Impugned orders set aside to the extent issuingaforesaid directions to the State – However, State to strictly implementcompliance of rr.115, 116 and penalize all those contravening –Motor Vehicles Act, 1988 – Motor Vehicles Rules, 1989 – rr.115,116 –Air (Prevention and Control of Pollution) Act, 1981 – ss.2,16, 17, 20, 39, 41, 52 – Environment Protection Act, 1986 – ss.3, 5,7, 10, 11, 15, 17-19, 23, 24 – Environmental Law.

2. Case referred
3. Act
  • National Green Tribunal Act, 2010 (19 of 2010)
  • Motor Vehicles Act, 1988 (59 of 1988)
  • AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 (14 of 1981)
  • Environment (Protection) Act, 1986 (29 of 1986)
4. Keyword
  • National Green Tribunal Act
  • 2010
  • ss. 2(1)(c)
  • (m)
  • 3
  • 14
  • 15
  • 19
  • 20
  • 22-24
  • Blanket directions issued by NGT
5. Equivalent citation
    Citation(s) 2020 AIR 4221 = 2020 (9) SCC 781 = 2020 (9) Suppl. SCC 781 = 2020 (8) JT 353 = 2020 (8) Suppl. JT 353 = 2020 (10) SCALE 286