Subhash Jindal/ Chandigarh
Federation of Automobile Dealers of India representing the Automobile Dealers in Chandigarh challenged the Electric Vehicle Policy of 2022 of Chandigarh Administration by terming it to be illegal and arbitrary by introducing mandatory capping of registration of Internal Combustion Engine Vehicles on year to year basis.
Wherein, the petitioner Association took a plea that this capping on the registration of vehicles would amount to curving and curtailing the Rights of the dealers to expand, grow and promote their business and the same is violative of Article 14, 19(1)(g) of the Constitution of India and also violative of the provisions of Motor Vehicle Act, 1988 and Central Motor Vehicle Rules, 1989. The petition was listed before the court of Hon’ble the Chief Justice wherein, the Hon’ble Court has declined to give any interim relief/ protection to Automobile Dealers Association and has only issued formal notice to Chandigarh Administration to respond to the petition.
Accepting the notice on behalf of Chandigarh Administration, Senior Standing Counsel Mr. Anil Mehta assisted by Mr. Sumeet Jain, Additional Standing Counsel challenged the maintainability of the petition as the petitioners are having no Locus to file the same as they being dealers and no prejudice is being caused to them if the vehicles are not being registered. Mr. Mehta contended that private/commercial interest cannot prevail upon public interest. Decision has been taken by Chandigarh Administration inconsonance with Article 21, 19(6) & 48-A of the Constitution of India. It has also pleaded by the Chandigarh Administration that these very dealers were made the part of the joint meeting as held on 13th May 2022 and the policy was finalized thereafter.
It is pertinent to mention here that the Electric Vehicle Policy of 2022 has been implemented in Chandigarh by keeping into consideration the climate change which has become a global concern and the road transport sector contributing a major role for rapid increase in the global temperature is of great concern. The Central Government has also urged to the States and UT’s to adopt a well defined Electric Vehicle Policy in their respective States/UT’s and therefore, Chandigarh Administration has approved the Electric Vehicle Policy, 2022 framed to build U.T., Chandigarh as a Model Electric Vehicle City by achieving one of the highest penetration of Zero Emission Vehicle amongst all Indian cities by the end of the policy period.