Petrol Dealers Association Appeals Delhi High Court Against Prosecution For Refueling ELVs

Petrol Dealers Association Appeals Delhi High Court Against Prosecution For Refueling ELVs

The matter will be heard on 8 September

The Delhi High Court has issued a notice to the Delhi Government on a plea filed by the Delhi Petrol Dealers Association challenging the prosecution of fuel pump owners for refueling the banned, End of Life Vehicles (ELVs).

The bench of Justice Mini Pushkarna stated that if a pump owner were to be penalized for the act, the court should be told about it.

Recently, the Delhi government implemented a fuel ban for ELVs. Filling stations are not allowed to refuel diesel vehicles older than 10 years and petrol vehicles above 15 years. The administration claimed the move would curb vehicular air pollution in the national capital.

However, the dealer’s association argued that the government burdened them and their attendants to implement the guidelines without being equipped or authorised under law. They sought to quash the government order and Standard Operating Procedures (SOPs) that prosecute and penalise pump owners under Section 192(1) of the Motor Vehicles Act, 1988, for non-compliance with the rule.

The association stated that it was not opposed to the directions restricting fuel supply to ELVs and was willing to cooperate. However, it objected to the "excessive, irrational and disproportionate liability being fastened upon them by way of seeking to prosecute and penalise them."

Advocates Anand Varma, Adaysha Nanda and Apoorva Pandey appeared for the petitioners.

The Delhi government was represented by Standing Counsel Sameer Vashish and advocate Harshita Nathrani.