DILEEP B NEVATIA v. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT FOREST

without ensuring the strict compliance of the noise standards as specified in Rule 120(2) of Motor vehicle Rules, 1989. A compliance report on this direction shall be filed by R-2 and R-7 within two (2) months.

iv) We direct the Respondent Nos. 2 and 7, that certificate of compliance issued by the specified agencies under Rule 120 read with rule 126 of the Central Motor Vehicles Rules, 1989, related to compliance of noise standards for horns, vehicle, etc., as notified, shall be made available along with every vehicles which will be sold in the market henceforth and also, a copy of such certificate for each prototype shall be available on the website of the department. This is very important as a citizen, who is consumer/purchaser of the automobile, is entitled to know the level of pollution caused by the vehicle.

v) These Directions shall be brought to the notice of all concerned transport authorities by Respondent 3 i.e. CPCB and Respondent 4 i.e. MPCB immediately."

2. The above direction was followed by further order dated 10.03.2015 as follows:-

"

"Compliance of Rule 126 of' the Central Motor Vehicles Rules, 1989, relating, to noise standards for horns, vehicles as identified manufactured and sold in the market for each proto type, is required to be made available on website and format to be provided inclusive of standards pertaining standards of noise levels and emission standards at the manufacturing level, are to be mentioned in the format while issuing certification, which the Transport Authority is required to verify as and when required."

"In other words, standards noise and air emission levels will have to be included in Type approval and/or certification in order to exclude possibility of arbitrariness in this context. Learned Member Secretary of CPCB, assures that he will recommend to the concerned Authority in CPCB to issue directions under Section 5 of the Environment (Protection) Act; 1986, to concerned Authorities like MoRTH/Transport Department etc. in this behalf so that the Road Transport Authority (RTO), - Respondent No.7, shall include the noise and air emission standards in the format itself while 'Issuing registration Certificate at the time of sale of vehicle by the vendor. Learned Member Secretary, CPCB will start the process as early as possible and the same will be concluded within three (3) months hereafter by the competent authority. In any case, if it will not be completed within three (3) months, this Tribunal will be constrained to issue such directions to the RTO, on adhoc basis, until due delegate legislative process is completed for issuance of such directions. We do not think that mere inclusion of such minor amendment in the proforma of registration certificate will change the main purpose and context of such

2

certification and there will be any objections by the buyer or any class of genuine purchaser, who has no concern with purchase, having eco- friendly attitude. In case of due compliance within three (3) months, modified format of registration form be placed on website of MoRTH within period of two (2) weeks, in respect of vehicles as well as horns."

3. In pursuance of orders of this Tribunal, the MoRTH uploaded Notification dated 05.10.2016 amending Form 22 of C.M.V.R. i.e. "Initial Certificate of Compliance with Pollution Standards, Safety Standards of Components Qualify and Road-Worthiness." According to the applicant, the said Notification disregarded the directions of this Tribunal. No direction was issued under Section 5 of the Environment (Protection) Act, 1986 by CPCB.

4. The applicant earlier filed E.A. No. 02/2017 and E.A. No. 21/2017 and E.A. No. 22/2017 for coercive measures which were withdrawn on 03.08.2017 with liberty to file a fresh application.

5. Present application was filed on 24.10.2017 and came up for hearing on 10.11.2017. The Tribunal issued Notice to Respondent nos. 2 to 7 which included MoRTH, CPCB, State PCB and Transport Commissioner, Maharashtra. Vide order dated 04.07.2018, the Tribunal recorded the statement of learned Counsel for MoRTH and MPCB and also Counsel for CPCB that affidavits already filed in E.A. No. 02/2017 which were earlier withdrawn may be considered.

6. Affidavit has been filed by CPCB on 29.06.2018 followed by pursis filed on 05.09.2018, annexing affidavit earlier filed in EA No. 02/2017 on 03.02.2017. The stand of CPCB is that direction under Section 5 of the EP Act, 1986 has already been issued on 16.04.2015 to the MoRTH directing as follows:-

3

"i. To incorporate vehicle emission and noise standards notified by Ministry of Environment & Forests in the main Type Approval (TA) Certificate/Conformity of Production (CoP) certificates of the Manufacturing stage Vehicles.

ii. To amend form 22 and ensure that results of noise and emission to be depicted in the format of Type Approval (TA)/Conformity of Production (CoP) certificates.

iii. To direct to utilize the data of stationary vehicle noise data from all the vehicle manufacturers and develop & propose for in-use vehicle noise standards within thirty days.

iv. The modified format of the above registration form to be placed on the website "Vahan" of Ministry of Road, Transport and Highways.

v. To issue directions to all the State Road Transport Offices (RTOs) for the implementation of the above modified format for immediate compliance."

7. Directions have also been issued to all the State PCBs as follows:-

"i. To issue directions under the Air Act to the State Road Transport Offices (RTOs) under the respective State Transport Departments to implement and comply with the vehicle emission and noise standards as notified by Ministry of Environment & Forests in the Type Approval (TA)/Conformity of Production (CoP) certificates issued to vehicles in manufacturing stage.

ii. To issue directions to respective State Road Transport Offices (RTOs) under the respective State Transport Deportment and ensure that emission and noise standards are incorporated in modified format of Type Approval (TA)/Conformity of Production (CoP) certificates and the same is complied.

iii. To issue directions to respective State Transport Deportment to ban/prohibit manufacture and usage of pressure horns/multi toned horns in vehicles.

iv. Further to take necessary action to dismantled already available pressure horns/multi toned horns in vehicles.

v. To direct all Automobile manufacturing companies to get the test done for stationary vehicles (all types manufactured IS10399 and summit data within 30 days from date of issue of Directions by SPCB). SPCBs will forward data to CPCB before (45 days) from issue of that Directions."

8. Further directions have been issued to State Transport Departments as follows:-

4

"i. For necessary compliance of vehicle emission and noise standards notified by Ministry of Environment & Forests as mentioned in Rule 120 of Central Motor Vehicles Rules, 1989.

ii. To ensure that emission and noise standards are incorporated in the modified format of Type Approval (TA)/Conformity of Production (CoP) certificate (In consultation with Ministry of Road Transport and Highways) while issuing Registration Certificate at the time of sale of vehicle by the vendor.

iii. To follow amended form 22 and ensure that results of noise and emission to be depicted in the format of Type Approval (TA)/Conformity of Production (CoP) certificate while issuing Registration Certificate at the time of sale of vehicle by the vendor."

9. In the affidavit earlier filed on 03.02.2017, CPCB has stated that noise standards at in-use Stage are not developed because the method of measurement of vehicular pass by noise as per IS 3028:1998 developed and published by Bureau of Indian Standards under Ministry of Consumer Affairs, Food and Public Distribution, refers to the maximum sound a vehicle can generate in the worst condition (full throttle condition) and is not applicable for "mixed traffic" on road. Noise standards have also been laid down applicable at Manufacturing Stage which have been notified under Part E of Schedule VI of under Section 6 and 25 of Environment (Protection) Act, 1986 by Ministry of Environment, Forest & Climate Change (MoEF&CC). Norms for vehicular Multi-toned Horns are notified as per Rule 119(2) under Central Motor Vehicle Rules (CMVR), 1989 of Ministry of Road Transport & Highway (MoRTH). Further, Standards/Norms for Sirens are prescribed under National Ambulance Code (AIS-125), prepared by the Automotive Research Association of India (ARAI) under Ministry of Heavy Industries and Public Enterprises.

10. CPCB circulated the judgment to all State PCBs and also asked the MoRTH to include the standards for issuance of Type Approval for Vehicles at Manufacturing Stage. Accordingly, Notification dated 05.10.2016 has been published by the MoEF&CC. With regard to applicability of test

5

procedure for noise monitoring of vehicles at manufacturing stage and measuring noise on roads for playing/ passerby vehicles, covered by IS 3028 of 1988, CPCB has advised incorporation in 'Type Approval' at manufacturing stage. Monitoring being difficult for passing by vehicles, it will be for the concerned to take necessary action, as per viability.

11. We have heard learned Counsel for the MoRTH, MPCB and CPCB. None appears for the applicant.

12. It is seen from the above that necessary steps for compliance of the judgment of this Tribunal have already been taken and no further order is necessary.

The application is disposed of.

Adarsh Kumar Goel, CP

Sudhir Agarwal, JM

Arun Kumar Tyagi, JM

Dr. Vijay Kulkarni, EM

Dr. Afroz Ahmad, EM

May 31, 2022

Execution Application 24/2017 (WZ)

In O. A. No.02/2014(WZ)

SN

6