IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION

SPECIAL LEAVE PETITION (CIVIL)........OF 2018 (@ CC NOS. 18614-18615 OF 2015)

UNION OF INDIA & ANR. ...PETITIONER(S)

VERSUS

RITA DAS MOZUMDAR P.N.G.B. & ORS. ETC.ETC. ...RESPONDENT(S)

WITH

• C.A. No. 5359/2010
• SLP(C) No. 1864/2015
• SLP(C) No. 5176-5177/2015
• T.P.(C) No. 341-349/2015
• SLP(C) No. 5638/2015
• SLP(C) No. 5641/2015
• SLP(C) No. 5639/2015
• S.L.P.(C)...CC No. 3086/2015
• SLP(C) No. 5642/2015
• SLP(C) No. 7369-7370/2015
• T.C.(C) No. 68/2015
• T.C.(C) No. 69/2015
• T.C.(C) No. 70/2015
• T.C.(C) No. 71/2015
• T.C.(C) No. 72/2015
• T.C.(C) No. 73/2015 T.C.(C) No. 105/2015 Digitally signed by MADHU BALA Date: 2018.03.06 14:58:53 IST Reason: Signature Not Verified

O R D E R

IN SLP(C)............./2018 (CC NO. 18614-18615 OF 2015,SLP(C) No. 1864/2015 ,SLP(C) No. 5176-5177/2015,T.P.(C) No. 341-349/2015 SLP(C) No. 5638/2015,SLP(C) No. 5641/2015,SLP(C) No. 5639/2015,S.L.P.(C)........CC No. 3086/2015,SLP(C) No. 5642/2015,SLP(C) No. 7369-7370/2015,T.C.(C) No. 68/2015,T.C. (C) No. 69/2015,T.C.(C) No. 70/2015,T.C.(C) No. 71/2015, T.C. (C) No. 72/2015,T.C.(C) No. 73/2015, T.C.(C) No. 105/2015

1. Heard learned counsel for the parties. Delay condoned.

2. The issue raised in these matters relates to the sale of small 4-wheelers with a mass upto to 1500 kg and quadricycles. According to the original writ petitioners, safety and emission standards must be first laid down before the vehicles of this nature are introduced in the market. If it is not so done, it may endanger safety of all concerned. The High Court has passed interim order(s) directing the Central Government not to permit the Auto manufacturers to release and sell such vehicles. Some of the matters stand transferred to this Court and treated as transferred cases.

3. When the matter(s) came up for hearing before this Court on 09.12.2015, attention of the Court was drawn to Central Motor Vehicles Rules, 1989. Rule 2(1) of the said Rules defines category M1 motor vehicles. Rule 2(2) defines quadricycles. Learned counsel for the petitioners submitted that there was an attempt to reduce the rigor of standards for the quadricycles which was not desirable. It was noted by this Court that the Union of India was considering the issue of safety and emission standards in the light of the Tyagi Committee Report.

4. On 29.01.2018, the following order was passed:

"Ms. Vibha D. Makhija, learned senior counsel appearing for Union of India, states that relevant rules/instructions have been worked out for the safety standards for quadricycles. A note to this effect will be submitted. A copy of Notification dated 24th November, 2017 with regard to Emission Standards has been placed on record, apart from the draft notification of June 2017 with regard to the Safety Standards for Quadricycle. Post on Friday, the 23rd February,

2018 as prayed".

emission standards.

5. A draft Notification of June 2017 with regard to safety standards for quadricycles has been handed to learned counsel for the petitioners as it was stated that the said draft notification was not available to them. We have also taken note of Notification dated 24.11.2017 with regard to

6. Ms. Pinky Anand, learned Additional Solicitor General submitted that matters are at the final stage of the consideration by the Ministry of Road Transport.

7. Having regard to the nature of the issue, we permit the parties before this Court to file their suggestions, if any, to the Joint Secretary, Ministry of Road Transport, Central

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Government within a period of two weeks from today. The same be given due consideration and the matter may thereafter be finalized expeditiously.

8. It is made clear that we have not expressed any opinion on the merits of the rival contentions and are disposing of all these matters with the direction that the suggestions of the petitioners instead of being considered by this Court, be considered by the concerned authority of the Central Government.

CIVIL APPEAL No. 5359 OF 2010

Heard.

We do not find any merit in this appeal. The same is, accordingly, dismissed.

…...................J. [ADARSH KUMAR GOEL]

NEW DELHI …...................J.

23rd FEBRUARY, 2018 [UDAY UMESH LALIT]

ITEM NO.4 COURT NO.10 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)......CC No(s). 18614-18615/2015

(Arising out of impugned final judgment and order dated 26-06-2015 in PIL No. 38/2015 26-06-2015 in PIL No. 42/2015 passed by the Gauhati High Court)

UNION OF INDIA & ANR. Petitioner(s)

VERSUS

RITA DAS MOZUMDAR P.N.G.B. & ORS. Respondent(s) (FOR CONDONATION OF DELAY IN FILING ON IA 1/2015 FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 5/2016)

WITH

C.A. No. 5359/2010

SLP(C) No. 1864/2015

SLP(C) No. 5176-5177/2015

T.P.(C) No. 341-349/2015

SLP(C) No. 5638/2015

SLP(C) No. 5641/2015

SLP(C) No. 5639/2015

S.L.P.(C)...CC No. 3086/2015

SLP(C) No. 5642/2015

SLP(C) No. 7369-7370/2015

T.C.(C) No. 68/2015

T.C.(C) No. 69/2015

T.C.(C) No. 70/2015

T.C.(C) No. 71/2015

T.C.(C) No. 72/2015

T.C.(C) No. 73/2015

Date : 23-02-2018 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Petitioner(s) Ms. Pinky Anand,ASG Ms. Vibha Dutta Makhija,Sr.Adv. Ms. Madhavi Dewan,Adv. MR. Ajay Sharma,Adv. Ms. Binu Tamta,Adv. Ms. Meenakshi Grover,Adv. Ms. Sunita Sharma,Adv. Dr. Nishesh Sharma,Adv. Mr. Hemant Arya,Adv. Mr. Sumit T.,Adv. Ms. Pallavi Chopra,Adv. Mr. R.K. Verma,Adv. Mr. R.K. Rathore,Adv. Mr. Gurmeet Singh Makker, AOR Dr. A.M. Singhvi,Sr.Adv. Mr. L.K.Bhushan,Adv. Mr. Anirudh Arun Kumar,Adv. For M/S. Dua Associates, AOR Mr. Mohan Parasaran,Sr.Adv. Mr. Zoheb Hossain,Adv. Dr. A.M. Singhvi,Sr.Adv. Mr. Shyam Divan,Sr.Adv. Mr. Shriraj Dhruv,Adv. Mr. Mahesh Agarwal,Adv. Mr. Vivek Jain,Adv. Mr. Abhinav Agarwal,Adv. Ms. Neeha Nagpal,Adv. Mr. E. C. Agrawala, AOR Mr. C.A.Sundaram,Sr.Adv. Ms. Rohini Musa,adv. Mr. Rajinder Singh,Adv. Mr. Vishnu Sharma, AOR Mr. T. Harish Kumar, AOR

Mr. Tanmaya Mehta,Adv. Mr. J.P. Rajput,Adv. Mr. Chander Shekhar Ashri, AOR Mr. Sanchit Kumar,Adv. Dr. (Mrs. ) Vipin Gupta, AOR For Respondent(s) Ms. Rita Das Mazumdar(Respondent-in-person) Mr. V. Giri,Sr.Adv. Mr. C.A. Sundaram,Sr.Adv. Mr. Rajinder Singh,Adv. Mr. Tripurari Ray,Adv. Mr. Soumyajit Pani,Adv. Mr. Vishnu Sharma,Adv. Mr. V. Giri,Sr.Adv. Mr. Shiv Prakash Pandey, AOR Mr. Anil Kaushik,Adv. Mr. Dhruv Mehta,Sr.Adv. Ms. Arunima Dwivedi, AOR Mr. Mehul M. Gupta,Adv. MR. Abhishek Mishra,adv. Mr. E. C. Agrawala, AOR Mr. Gyan Prakash (Respondent-in-person) Mr. M. Yogesh Kanna,Adv. Mrs. Sujatha Bagadhi,Adv. Caveator-in-person Mrs. Rachna Gupta, AOR Mr. Gunjan Sinha Jain,Adv. For M/S. M. V. Kini & Associates, AOR Mr. Rauf Rahim, AOR Intervenor-in-person Mr. Mrityunjai Singh,Adv. Mr. S. Udaya Kumar Sagar, AOR Mr. Guntur Prabhakar, AOR Ms. Prerna Singh,Adv. Mr. B. Balaji, AOR

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Mr. V. N. Raghupathy, AOR

UPON hearing the counsel the Court made the following O R D E R

IN SLP(C)............./2018 (CC NO. 18614-18615 OF 2015,SLP(C) No. 1864/2015 ,SLP(C) No. 5176-5177/2015,T.P.(C) No. 341-349/2015 SLP(C) No. 5638/2015,SLP(C) No. 5641/2015,SLP(C) No. 5639/2015,S.L.P.(C)........CC No. 3086/2015,SLP(C) No. 5642/2015,SLP(C) No. 7369-7370/2015,T.C.(C) No. 68/2015,T.C.(C) No. 69/2015,T.C.(C) No. 70/2015,T.C.(C) No. 71/2015, T.C.(C) No. 72/2015,T.C.(C) No. 73/2015, T.C.(C) No. 105/2015

These matters are disposed of in terms of the signed order.

Pending application(s), if any, shall also stand disposed of.

CIVIL APPEAL No. 5359 OF 2010

The appeal is dismissed in terms of the signed order.

Pending application(s), if any, shall also stand disposed of.

(MADHU BALA) (SUMAN JAIN) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)