Bhubaneswar: The Orissa High Court Tuesday issued a show-cause notice to the state government asking for submission of a compliance affidavit on the enforcement of Pollution Under Control Certificate (PUCC) and direction to retail fuel outlets not to dispense fuel to vehicles without it.
A public interest litigation (PIL) had challenged the notification issued in this regard by the State Transport Authority (STA) chairman and sought the quashing of the notification, which, according to the petition, is illegal, contrary to the provisions of the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989.
Sale of petroleum products is regulated under the Petroleum Law(s), Essential Commodities Act, 1955, read with the Motor Spirit and High-Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 and therefore, this notification is violating the Fundamental Right of the vehicle owners, the PIL said.
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That there is no provision under any law, nor in the Motor Vehicles Act, 1988 or under the Essential Commodities Act, 1955, that vehicles not having Pollution Under Control Certificate cannot be dispensed with petrol/diesel by the retail outlets, the petition maintained.
Significantly, the STA, Odisha, had December 21 directed that petrol and diesel must not be supplied to any vehicle that does not have a valid PUCC, asking all oil marketing companies to enforce the rule at retail outlets across the state.
