1 2025:CGHC:6736-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 89 of 2025 1 - M/s Jai Ambey Emergency Services (I) Private Limited A Company Registered Under The Companies Act, 2013, Having Its Registered Office At Jai Ambey Group Campus, I-37, Anupam Nagar, Shankar Nagar, Raipur, Chhattisgarh 492001, Through Its Director, Mr. Dharmendra Singh ... Appellant versus 1 - State of Chhattisgarh Through Secretary, Department of Transport, Government of Chhattisgarh, Mahanadi Bhawan, Raipur, Chhattisgarh 492002 2 - Addl. Transport Commissioner Department of Transport, Government of Chhattisgarh, Indrawati Bhawan, Raipur, Chhattisgarh 492002 3 - Regional Transport Officer/ Registering Authority Regional Transport Office (Rto) Raipur, Near Banjari Mandir, Rawanbhata, Raipur, Chhattisgarh 493221 4 - Regional Transport Office Jagdalpur Through Regional Transport Officer, Adawal, Jagdalpur, Chhattisgarh 494001 ... Respondents For Appellant : Mr. Manoj Paranjpe, Advocate. For State : Mr. Shashank Thakur, Deputy Advocate General. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice Digitally signed by MOHAMMAD AADIL KHAN 2 06-02-2025 Heard on I.A. No.1/2025, application for condonation of delay in filing the present appeal. On due consideration, I.A. No.1/2025 is allowed and the delay in filing the present writ appeal is condoned. 1. The present writ appeal has been filed by the appellant against the impugned order dated 11-11-2024 passed by the learned Single Judge in WPC No.2795/2021 whereby the writ petition filed by the petitioner/writ appellant has been dismissed. 2. Brief facts as emerges from the pleadings of the parties to the writ petition are that, the petitioner is a body corporate, incorporated under the provisions of Companies Act, 2013 and engaged in the business of providing emergency health care services including ambulance services in the State of Chhattisgarh. For the purposes of providing ambulatory services, the petitioner had purchased 10 units of T-1 ambulance Body Shell 3350 (10 + P), with emission standard Bharat Stage IV (BS-IV) manufactured by Force Motors Ltd. From its authorized dealer M/s Amarpreet Force Jagdalpur, C.G. on 03-01-2020. The petitioner obtained insurance with respect of its 10 units of BS-IV vehicles from United India Insurance Company Ltd. Since the petitioner had purchased the body shell of the ambulance and unless they are transformed completely into ambulance, permanent registration with RTO is not permissible, therefore, after purchasing the said body shell, the vehicles were sent for fabrication and installation 3 of necessary medical equipments in accordance with National Ambulance Code and other specification of the Health and Family Welfare Department, Govt. of CG. It is also the case of the petitioner that the E-way bills for 7 BS-IV vehicles was generated on 25-12-2019, for one BS-IV vehicle on 27-12-2019 and for two BS-IV vehicle on 28-12-2019 were generated with respect to sending of vehicles from the manufacturing grid of Force Motors Ltd. At Pithampur, M.P. to the fabrication center at New Delhi. The petitioner was intended to obtain permanent registration with respect to BS-IV vehicles as soon as it was fabricated and equipped with the necessary equipment in the said ambulance. Due to covid-19 pandemic, the nationwide lockdown was induced and the petitioner could not obtain permanent registration in respect of his BS-IV vehicles and therefore, the petitioner obtained temporary registration certificated for the said vehicles on 27-03-2020 by duly paying the requisite statutory fee of Rs.750/- for each vehicle. The said temporary registration certificate were issued manually by the concerned RTO for the reason that the temporary point did not have the permission to register ambulance in his vaahan 4.0 (Citizen Services) ID. 3. In the meantime the Hon’ble Supreme Court has passed an order on 13-08-2020 in WPC No.13029/1985 (M.C. Mehta Vs. Union of India and others) whereby the permanent registration of BS- IV vehicles was allowed which were purchased prior to 31 March 4 in all the States and union territories other than Delhi NRC. Pursuant to the said order passed by the Hon’ble Supreme Court the Ministry of Road Transport and Highway, Govt. of India issued a notification bearing No.RT-11021/47/2014-MVL, dated 19-08- 2020 directing all the States and union territories across India to comply with the order passed by the Hon’ble Supreme Court dated 13-08-2020. The Hon’ble Supreme Court in its order dated 13-08-2020 emphasized on the need of uploading shells in E- Vaahan portal to verify the genuineness of shells of BS-IV vehicles. The petitioner made representations on 19-09-2020 to respondents No.2 and 3 explaining the intricacies involved and seeking its redressal in view of the order passed by the Hon’ble Supreme Court dated 13-08-2020 in M.C. Mehta’s case and notification dated 19-08-2020 issued by the Ministry of Road Transport and Highway, Govt. of India. When the representation of the petitioner remained unanswered, the petitioner filed Writ Petition No.2625/2020 (M/s Jai Ambe Emergency Services Pvt. Ltd. Vs. State of C.G.) which was disposed of vide order dated 06-11-2020 and direction was given to respondent authorities to take appropriate decision in accordance with law far registration to BS-IV vehicles of the petitioner. The petitioner again moved his representation along with copy of the order dated 06-11-2020 passed in WPC No.2625/2020 to the registering authority, but his representation has been dismissed vide its order dated 26-12- 2020 and refused to grant permanent registration to BS-IV 5 vehicles of the petitioner in exercise of powers under Section 45 of the Motor Vehicles Act, 1988. The order dated 26-12-2020 passed by the registering authority was challenged by the petitioner by filing appeal before the learned Additional Commissioner under Section 57 of the Motor Vehicles Act, 1988 read with Rule 43 of C.G. Motor Vehicles Rules, 1994, but the appeal filed by the petitioner has been dismissed vide order dated 25-05-2021. The said order dated 25-05-2021 passed by the appellate authority and the order dated 26-12-2020 passed by the registering authority is under challenge in the present writ petition filed by the petitioner. After hearing the parties, the learned Single Judge has dismissed the writ petition filed by the petitioner holding that the petitioner is not entitled for any benefit under the direction issued on 18-09-2020 by the Hon’ble Supreme Court as the same was issued only for the transport authorities of State of Manipur where E-Vaahan portal was started only w.e.f. 28-09-2020, i.e., after the cut off date on 31-03-2020 and also that as per the order passed in M.C. Mehta’s case, registration of BS-IV vehilcle cannot be made without permission of the Hon’ble Supreme Court. The order dated 11-11-2024 passed by the learned Single Judge is under challenge in the present appeal. 4. Learned counsel for the writ appellant would submit that the learned Single Judge failed to appreciate that the appellant has purchased 10 units of T1 ambulance body shell on 03-01-2020 6 which were sent for fabrication and installation of necessary medical equipment. The said vehicles was insured by the United India Company Ltd. on 27-02-2020. The appellant has also obtained temporary registration certificate for the said vehicles on 27-03-2020 which was valid for a month. The vehicles in question are primarily for providing ambulatory services which comes under “essential services” and the appellant could not got their permanent registration due to sudden outburst of covid-19 pandemic. The learned Single Judge ought to have considered that the Environment and Pollution Control Authority (EPCA) has recommended that for all the BS-IV compliant vehicles which were not uploaded in E-Vaahan for temporary registration, but were being used in public utility, allowed for permanent registration. The Hon’ble Supreme Court in its order dated 22-03- 2021 has also accepted the recommendation of EPCA and allowed the registration of all those BS-IV vehicles used for public utility and essential services which were not uploaded in E- Vaahan portal. He would further submit that the Hon’ble Supreme Court in its order dated 22-03-2022 while dealing with the I.A. Nos. 127047 and 127048/2020, 170575/2021, 22406/2022, 3427/2022, 11041/2022, 23108/2022, 11094 and 11100/2022 has observed that the BS-IV vehicles could be considered for registration which were being used for the public utility services without need of applicants’ approaching the Hon’ble Supreme Court. 7 5. Relying upon the order dated 18-02-2022 passed by the Division Bench of Bombay High Court in WP No.1598/2022 (Currency Note Press Vs. State of Maharashtra and others) where the Division Bench of Bombay High Court has also directed for registration of vehicles which were having temporary registration, but the details of which could not be uploaded on E-Vaahan portal. The said temporary registration of the vehicles has been verified by the concerned RTO vide its letter dated 26-08-2020 (Annexure-P/7) and it is only that temporary registration certificate could not be uploaded in E-Vaahan portal and in view of the judgment passed by the Hon’ble Supreme Court that BS-IV vehicles which were used for public utility and essential services can be considered for its registration without insisting on the applicant’s approaching the Hon’ble Supreme Court for suitable orders and therefore, the registering authority ought to have consider the application of the petitioner, but the same has been dismissed by the registering authority and the writ petition filed by the petitioner has also been dismissed. Therefore, considering the facts and circumstances of the case and in view of the judgment passed by the Hon’ble Supreme Court in various orders passed by the Hon’ble Supreme Court the impugned order passed by the learned Single Judge may be set aside and the respondent No.4 may be directed to consider the application of the petitioner for registration of his BS-IV vehicles which has been purchased by the petitioner prior to cut off date, i.e., 31-03- 8 2020. 6. Per contra learned counsel for the State opposes the submission made by the learned counsel for the writ appellant and has submitted that the petitioner has failed to upload the purchase of BS-IV vehicles on E-Vaahan portal which was necessarily required to be uploaded in the light of order passed in M.C. Mehta’s case (supra) and since he has failed to upload it in E- Vaahan portal its application for registration of his BS-IV vehicles has rightly been rejected by the registering authority. He would further submit that various orders passed by the Hon’ble Supreme Court with respect to a particular territory where interim applications had come and it was not applicable in rem. Therefore, the petitioner cannot take advantage of those orders passed by the Hon’ble Supreme Court which was passed for the affected persons individually and thus, the writ appeal filed by the writ appellant is liable to be dismissed. 7. We have heard learned counsel for the parties and perused the material annexed with the writ petition and the order impugned passed by the learned Single Judge. 8. The main grievance of the writ appellant/petitioner is that he purchased BS-IV vehicles on 03-01-2020, i.e., much prior to the cut off date of 31-03-2020, he has obtained temporary registration certificate on 27-03-2020 and therefore, he is entitled to get the permanent registration of his vehicles in view of the observations made by the Hon’ble Supreme Court in M.C. 9 Mehta’s case (supra). From the pleadings and documents annexed with the petition, though the petitioner claims that temporary registration certificate was issued manually on 27-03- 2020, but the fact remains that the temporary registration could not be uploaded on E-Vaahan portal. On that very ground the registering authority rejected the claim of the petitioner vide its order dated 26-12-2020. 9. In the matter of M.C. Mehta (supra) the Hon’ble Supreme Court has observed in its order dated 13-08-2020 that:- “Apart from that, there are large number of vehicles, sales of which were not uploaded on E-Vaahan Portal. Since, sales were not uploaded, as required, the transactions cannot be recognised as genuine sales. The order passed by this Court on 24.10.2018 is clear that sale and registration of BS-IV vehicles shall not be allowed after 31.03.2020. We cannot allow the registration of such vehicles, sales of which were not uploaded on E-Vaahan Portal of the Central Government or the portal of the concerned State Government.” The contention of the petitioner is that he has purchased 10 units of BS-IV ambulatory vehicles on 03-01-2020 and he sent those vehicles for its fabrication and installation of necessary medical equipment in accordance with the National Ambulance Code and other specification of Health and Family Welfare, Govt. of C.G. It is not case of the petitioner/writ appellant that till 27-03-2020 10 when he obtained temporary registration of his vehicles, all those vehicles have been fabricated and installed necessary medical equipment and the vehicles were came into shape of ambulance and if it is so, then he could very well get it temporary registered on the date of its purchase itself, i.e., on 03-01-2020. The cut off date of sale and registration of BS-IV vehicles was made effective by the Hon’ble Supreme Court vide its order dated 24-10-2018 and it was well within knowledge of the petitioner as well as the dealer and requirement to upload the temporary registration in E- Vaahan portal was also within knowledge of the parties concerned, despite that they have not chosen to do so. There was no reason for the petitioner to wait till 27-03-2020 for temporary registration of his vehicles which are allegedly purchased on 03-01-2020. Despite having huge investment in 10 units of BS-IV vehicles the purchaser cannot sit idle for such a long time and it is also not shown as to when his vehicle was converted into ambulance and necessary equipment were installed. Temporary registration manually on 27-03-2020 is also in doubt as on that period covid- 19 was in its peak and all Govt./private offices and institutions were not in function except for the emergency services. Despite knowing the fact that cut off date is 31-03-2020 for sale and uploading the registration either temporary or permanent in E-Vaahan portal is 31-03-2020, the petitioner could not get it uploaded in E-Vaahan portal upto 31-03-2020 for the reason best known to him. Specific direction is 11 there by the Hon’ble Supreme Court that the sale and registration of BS-IV vehicles shall not be allowed after 31-03-2020 and the Hon’ble Supreme Court vide its order dated 13-08-2020 allowed the registration of such vehicles only which could not be registered during lock down in month of March, 2020 and for no other reason. The relaxation given by the Hon’ble Supreme Court only with respect to the vehicles “which could not be registered during lockdown in the month of March, 2020”. In the present case it is case of the petitioner that on 27-03-2020 he obtained temporary registration of his vehicles and thus, the petitioner can be put to out of relaxation granted by the Hon’ble Supreme Court in its orders. His vehicles have been registered during lockdown in the month of March, 2020 and “the relaxation was given for those vehicles which could not be registered during lockdown in the month of March, 2020.” 10. The learned Single Judge has also considered the order dated 18-09-2020 passed by the Hon’ble Supreme Court in above referred M.C. Mehta’s case (supra) and it is observed in para 10 that:- “Insofar as vehicles purchased upto 31.03.2020 which are BS-IV complaint are concerned, they must have been registered with the E-Vahan Portal before the cut-off date to establish the date of purchase.” 11. Further, the writ appellant/petitioner sought to take advantage of the order dated 30-11-2021 passed by the Hon’ble Supreme 12 Court in the said M.C. Mehta’s case (supra) passed with respect to I.A. Nos. 116007 and 115987/2020, I.A. No. 129302 and 129306/2020, but the same relates to issue only for the Transport Authorities of State of Manipur where E-Vaahan portal was started only with effect from 28-09-2020, i.e., after cut off date, i.e., 31-03-2020 and therefore, the learned Single Judge has considered that the petitioner is not entitled for any relief in the writ petition and further vide order dated 15-06-2020 the Hon’ble Supreme Court has ordered that no registration of any BS-IV vehicle can be made without permission of that Court. 12. Considering the facts and circumstances of the case, further considering the fact that the petitioner/writ appellant has purchased 10 units of BS-IV vehicles on 03-01-2020, however, he could not upload its temporary registration upto 31-03-2020 in E-Vaahan portal though he obtained the temporary registration of his vehicles on 27-03-2020 but the same was not uploaded in E- Vaahan portal despite knowing cut off date of 31-03-2020 and further in view of the directions issued by the Hon’ble Supreme Court in time to time in M.C. Mehta’s case (supra), we are of the opinion that the order passed by learned Single Judge is based on proper appreciation of the material produced before it and the same does not suffer from any material irregularity or illegality. 13. Upon perusing the impugned order, we notice that the same has been rendered by the learned Single Judge with cogent and justifiable reasons. In an intra-court appeal, no interference is 13 usually warranted unless palpable infirmities are noticed. Learned Single Judge while dismissing the writ petition by the impugned order has adverted to all the facts of the case. We do not find any fault in the impugned order. 14. Accordingly, the present writ appeal is liable to be and hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil