The Orissa High Court has issued a notice to the state government in response to a Public Interest Litigation (PIL) challenging a recent notification by the State Transport Authority (STA) that prohibits the sale of petrol and diesel to vehicles without a valid Pollution Under Control (PUC) certificate.
The court has directed the government to file its response within the next four weeks, after which the matter will be taken up for further hearing.
A division bench comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman conducted the preliminary hearing on the petition filed by Snigdha Patra, a resident of Bhubaneswar. In her plea, Patra argued that while vehicle owners are required to obtain a PUC certificate upon purchase—along with insurance—and renew it after expiry, failure to do so typically invites penalties under the Motor Vehicles (MV) Act. However, the STA’s new directive, which denies fuel to non-compliant vehicles, goes beyond existing legal provisions.
The petitioner highlighted that under current rules, violators can face fines and further action if unpaid, but no stipulation explicitly bars fuel sales. “If a person is polluting, they can be fined, and if the fine is not paid, legal action can be taken as per the law. But there is no rule stating that fuel will not be provided,” the petition stated. Additionally, Patra contended that the requirement to clear all pending fines before issuing a PUC certificate is unconstitutional and lacks backing in both the Central Motor Vehicles Act and the state MV Act.
The PIL seeks to quash the STA’s notification, arguing it imposes undue harassment on the public. The court has made several entities respondents in the case, including the Transport Department Secretary, STA Commissioner, General Secretary of the Utkal Petroleum Dealers Association, Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL), Hindustan Petroleum Corporation Limited (HPCL), Reliance Industries Limited, and Shell India Marketing Private Limited.
Advocate Ranjan Kumar Rout is representing the petitioner in this matter.
