Bengaluru: The High Court of Karnataka has directed the State Government to not act upon the July 7 notification of permitting registration of only four-stroke LPG dual fuel autorickshaw cabs in areas having LPG retrofitting and refuelling facility, and only petrol-run four-stroke autorickshaw cabs in areas without having LPG supply.
Justice B.V. Nagarathna passed the interim order on the petitions filed by sellers of autorickshaws questioning the legality of the notification as it amounts to banning sale and registration of autorickshaws of diesel engine even though they are certified for sale if they conform to the BS-VI standards.
The court prima facie said that the State government had no power to issue such notification under Section 67 of the Motor Vehicles Act.
The State government has justified the notification while claiming that diesel operated autorickshaw cabs were prohibited to control pollution.
However, the petitioners had claimed that the State had no authority to bar registration of diesel operated autorickshaw cabs when the certifying authorities had certified BS-VI compliant diesel engine autorickshaw cabs for public use. The petitioners have also pointed out that even the Supreme Court has permitted sale and registration of all types of diesel operated vehicles that are compliant to BS-VI standards.
