HC notice to Chandigarh on plea challenging electric vehicle policy

The petitioner in the case —Federation of Automobile Dealers Association of India, which is representing the automobile dealers in Chandigarh — has contended that the impugned notification, dated September 20, 2022, was issued notifying the Electric Vehicle Policy, 2022, whereby unreasonable and illegal standards were set for sale and registration of internal combustion engine vehicles, which were completely in disregard to the policies of the Government of India in smooth adoption of cleaner sources of energy in the transportation department.

Further, on February 8, 2023, a press note was issued by the office of RLA, Chandigarh, whereby it was informed that no non-electric two-wheelers could be sold on or after February 10, 2023, without following the due procedure of law.

Accepting the notice on behalf of Chandigarh administration, Senior Standing Counsel, Anil Mehta, assisted by Additional Standing Counsel Sumeet Jain, challenged the maintainability of the petition as the petitioners had no locus standi to file the same as they were dealers and no prejudice was being caused to them if vehicles were not being registered.

The counsels further contended that private/commercial interest cannot prevail upon public interest. A decision had been taken by Chandigarh administration inconsonance with Article 21, 19(6) & 48-A of the Constitution of India.

The counsels also stated that the dealers who had filed the plea had been made part of a joint meeting on the issue held on May 13, 2022 by the Chandigarh administration, after which the policy was finalized.

“The Electric Vehicle Policy of 2022 has been implemented in Chandigarh by keeping into consideration the climate change, which has become a global concern. The road transport sector plays a major role in the rapid increase in global temperature, which is a cause of great concern. The Central government has also urged to the States and UTs to adopt a well defined Electric Vehicle Policy. Therefore, Chandigarh Administration has approved the Electric Vehicle Policy, 2022 framed to build Chandigarh as a Model Electric Vehicle City by achieving one of the highest penetration of Zero Emission Vehicle amongst all Indian cities by the end of the policy period,” submitted the UT counsels before the court.