The Orissa High Court on Tuesday issued a show-cause notice to the state government asking it to submit a compliance affidavit on the enforcement of Pollution Under Control Certificate (PUCC) and direction to retail fuel outlets not to dispense petrol/diesel to vehicles without it.
A Public Interest Litigation (PIL) had challenged the executive notification issued in this regard by the Chairman, State Transport Authority and sought for the quashing of the notification, which according to the petition was illegal, contrary to the provisions of the Motor Vehicle Act, 1988 and Central Motor Vehicle Rules, 1989.
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The sale of petroleum products is regulated under Petroleum Law(s) Essential Commodities Act, 1955, read with the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 and therefore this notification is violating the Fundamental Right of the vehicle owners.
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That, there is no provision under any law nor in Motor Vehicle Act, 1988 or under Essential Commodities Act, 1955, that the vehicle not having Pollution Under Control Certificate (PUCC) cannot be dispensed with petrol/diesel by the retail outlets, the petition maintained.
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