Kerala High Court stays NGT’s Ban on use of 10-years-old diesel vehicles

Kerala High Court

Kochi: Yesterday, on Friday, 10th June, the High Court of Kerala had stayed National Green Tribunal, Kochi Special Circuit Bench’s order through which it had imposed ban on diesel vehicles which are older than 10 years in the six cities in the Kerala State.

While, deciding to grant stay, the bench of the high court, comprising of Justice- P. B. Suresh Kumar, observed that the available materials on record were indicating that there are merits in the Petitioner’s contentions that the order of imposing ban was passed without jurisdiction, and also by violating all principles of natural justice.

Earlier, the order imposing ban against the State Government from registering new diesel vehicles of 2000 CC and above, made by Tribunal was also stayed by Court. And here, the petitioner was the Kerala State Road Transport Corporation- KSRTC and the Kerala State Private Bus Operators’ Federation which were challenging the ban of Tribunal, against the 10 year old diesel vehicles. The cities in connection of which the ban was imposed, including the Thiruvananthapuram, Kollam, Kochi, Thrissur, Kozhikode and Kannur.

Here, the earlier verdict of the honourable Supreme Court of India was also relied upon by Senior Counsel who claimed that the Apex Court had prohibited the use of diesel 15 years old or more aged diesel vehicles and that was depending upon the concerns of air pollution level in the National Capital Region of Delhi.

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