Supreme Court allows diesel vehicles of 2000 CC and above in Delhi on green cess payment

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The Supreme Court on Friday lifted its embargo on registration of high-end diesel cars and SUVs having engine capacity of 2000cc and above in Delhi and National Capital Region on payment of one per cent of the ex-showroom price of such vehicles as green cess.

The apex court said that the one per cent amount, charged as environment protection charge, shall be paid with Central Pollution Control Board (CPCB) which will open a separate account with a scheduled public sector bank.

The direction modifying its 16 December, 2015 order came on a plea of automobile giants.

The apex court said that the registration of the vehicle would be done by the Regional Transport Officer on the satisfaction that one per cent of the cost of the vehicle has been deposited with the CPCB by the vehicle manufacturers/dealer/sub-dealer.

However, a bench headed by Chief Justice T S Thakur left open for adjudication Centre’s opposition that such charge cannot be levied by the court.

The bench also comprising justices A K Sikri and R Banumathi said it will decide later whether green cess can be levied on diesel vehicles of below 2000cc engine capacity.

The bench passed the direction after modifying its 16 December, 2015 order which was extended on 31 March, 2016.

The prosecutor had earlier argued that as per the amended provisions of the Juvenile Justice (Care and Protection of Children) Act, the sessions court cannot send back the case to the board and if it thinks that the boy should not be tried as an adult, it has to try the case itself by acting as the board’s presiding officer.

In the appeal, the boy has claimed that at best he could be booked for alleged offence of causing death by rash and negligent act and it was not a case of culpable homicide not
amounting to murder for which he has been charged.

It has said the boy’s previous offences are of traffic violation and not related to accidents. So it’s not a ground to convert section 304A of IPC into section 304 of IPC.

The JJB had on June 4 ordered that the boy would face trial as an adult while observing that the offence allegedly committed by him was “heinous.”

It is the first of its kind case since the amendment in the Juvenile Justice (Care and Protection of Children) Act 2015 which allowed the Board to transfer cases of heinous
offences by children to the sessions court.

The police had on 26 May charge sheeted the boy in JJB for culpable homicide not amounting to murder which entails a maximum of 10 years jail.

Initially, a case under section 304 A of IPC was lodged but later he was booked for the alleged offence of culpable homicide not amounting to murder and sent to reform home.

The charge sheet was filed for alleged offences under IPC sections 304 (culpable homicide not amounting to murder), 279 (driving on a public way so rashly or negligently as to
endanger human life) and 337 (causing hurt by an act which endangers human life) against him.

The Board had on 26 April granted bail to the youth who sought the relief to appear in entrance examinations.

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