W.P.(C) 5857/2022 $~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:11th May, 2026 + W.P.(C) 5857/2022 MS HIGHWAY TRANS SERVICES PVT LTD .....Petitioner Through: Ms. Nidhi Mohan Parashar, Mr. Vikrant Kumar, Mr. Parthak Awasthi and Ms. Pratibha Singh, Advocates. versus GNCT OF DELHI TRANSPORT DEPARTMENT .....Respondent Through: Mr. Manashwy Jha, Advocate for GNCTD. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present writ petition has been filed seeking setting aside of the communications dated 29th January, 2021 (Annexure-P12 to the writ petition) and 19th January, 2022 (Annexure-P14 to the writ petition). The petitioner seeks registration of its five buses as described in paragraph 18 of the writ petition. 2. The brief facts necessary for the adjudication of the present dispute are below: i. The petitioner had purchased five Bharat Stage IV (“BS-IV”) compliant CNG buses on 31st May, 2016 which were permanently registered in the National Capital Territory of Delhi between 12th August, 2016 and 22nd August, 2016. The registrations were valid till 2031. The details with Digitally Signed By:AANCHAL TAGGAR Signing Date:15.05.2026 14:50:31 Signature Not Verified W.P.(C) 5857/2022 regard to registration of the said vehicles are given in the table below: ii. Subsequently, the registration of the said buses was transferred to the Regional Transport Authority, Panipat, Haryana due to certain business opportunities in Panipat. iii. Pursuant to the NOC from the Transport Department, GNCTD, the registration of the said buses was transferred to Panipat. Details of the same are given in the table below: iv. From January 2018 till October 2020, the petitioner was operating the buses in Haryana for transportation of school children and staff. However, in October 2020, the petitioner suffered a loss of business and the buses ceased to be commercially viable for operations in Haryana. v. Accordingly, on 1st January, 2021, the petitioner requested the respondent no.1/Transport Department, GNCTD to grant fresh registration of the buses in Delhi. vi. The request of the petitioner was rejected vide communication dated Digitally Signed By:AANCHAL TAGGAR Signing Date:15.05.2026 14:50:31 Signature Not Verified W.P.(C) 5857/2022 29th January, 2021 relying on the order passed by the Supreme Court on 15th June, 2020 in W.P. (C) 13029/ 1985, titled ‘M.C. Mehta v. Union of India’. vii. The petitioner filed a representation against the said rejection order which was rejected vide communication dated 19th January, 2022. 3. Ms. Nidhi Mohan Parashar, counsel appearing on behalf of the petitioner has relied upon various judgments/orders passed by the Supreme Court in W.P. (C) 13029/ 1985, titled ‘M.C. Mehta v. Union of India’ in support of her contention that there is no bar for registration of BS-IV compliant CNG Vehicles in Delhi. 4. In the order passed by the Supreme Court on 24th October, 2018, the Supreme Court had clarified that no motor vehicles conforming to the emission standard Bharat Stage IV shall be sold or registered in the entire country with effect from 1st April, 2020. Paragraph 21 of the said order is set out below: 5. Counsel for the petitioner submits that the said order is not applicable to the present case as it pertained only to registration of new BS-IV compliant vehicles so as to ensure transition to the revised emission norms. The same cannot be interpreted to prohibit transfer and re-registration of already registered and operational BS-IV compliant CNG vehicles from one Digitally Signed By:AANCHAL TAGGAR Signing Date:15.05.2026 14:50:31 Signature Not Verified W.P.(C) 5857/2022 RTO to another after 31.03.2020. 6. The respondent/Transport Department, GNCTD places reliance on the order passed by the Supreme Court on 15th June, 2020 in W.P. (C) 13029/ 1985, wherein IA Nos. 48715/2020 and 48716/2020 were dismissed holding that registration of old vehicles (BS-IV) cannot be allowed in Delhi. The relevant observations from the said order are set out below: 7. Counsel for the petitioner submits that the abovesaid observations are not applicable in the case of CNG vehicles, as clarified by the Supreme Court in the subsequent order dated 18th September, 2020. The relevant observations from the said order are set out below: 8. Counsel for the respondent places reliance on the order passed by the Supreme Court on 2nd November, 2020 (Annexure P-27) in W.P. (C) 13029/ 1985, wherein the recommendations given by the Environment Pollution Control Authority (‘EPCA’) were noted by the Supreme Court. The relevant Digitally Signed By:AANCHAL TAGGAR Signing Date:15.05.2026 14:50:31 Signature Not Verified W.P.(C) 5857/2022 portion from the said order is set out below: 9. In the subsequent orders passed by the Supreme Court in W.P. (C) 13029/ 1985 on 9th April, 2021 (Annexure P-6) and 30th November, 2021 (Annexure P-8), similar applications seeking direction for registration of BS-IV compliant CNG vehicles were allowed. 10. The applications which were subject matter of these orders being I.A. 46641/2021 and I.A. 134225/2021 have been filed along with the present petition as Annexures P-7 and P-9 respectively. The subject matter of I.A. 46641/2021 and I.A. 134225/2021 were CNG BS-IV compliant vehicles purchased as far back as in 2017 and 2012 respectively. 11. The order passed by the Supreme Court on 15th June, 2020, which has Digitally Signed By:AANCHAL TAGGAR Signing Date:15.05.2026 14:50:31 W.P.(C) 5857/2022 been relied upon in the impugned communication is only with respect to sale and registration of CNG vehicles after 1st April, 2020. The said order cannot apply to vehicles which were purchased earlier and only the registration is sought to be transferred to NCT of Delhi. 12. In light of the aforesaid orders of the Supreme Court, there cannot be any bar on the transfer of registration of the petitioner’s vehicles, which are admittedly BS-IV complaint CNG vehicles and were originally registered in Delhi in 2016. 13. In view of the aforesaid discussion, the communications dated 29th January, 2021 and 19th January, 2022 are set aside. A direction is issued to the respondent/Transport Department, GNCTD to grant registration to the five BS-IV compliant CNG vehicles of the petitioner as detailed above. 14. The writ petition is disposed of accordingly. AMIT BANSAL, J MAY 11, 2026 Rzu By:AANCHAL TAGGAR Signing Date:15.05.2026 14:50:31