Ms Highway Trans Services Pvt Ltd vs Gnct Of Delhi Transport Department

$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of decision:11 May, 2026
+ W.P.(C) 5857/2022
MS HIGHWAY TRANS SERVICES PVT LTD .....Petitioner
Through: Ms. Nidhi Mohan Parashar, Mr.
Vikrant Kumar, Mr. Parthak Awasthi
and Ms. Pratibha Singh, Advocates.
versus
GNCT OF DELHI TRANSPORT DEPARTMENT .....Respondent
Through: Mr. Manashwy Jha, Advocate for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
AMIT BANSAL, J. (Oral)
1. The present writ petition has been filed seeking setting aside of the
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communications dated 29 January, 2021 (Annexure-P12 to the writ
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petition) and 19 January, 2022 (Annexure-P14 to the writ petition). The
petitioner seeks registration of its five buses as described in paragraph 18 of
the writ petition.
2. The brief facts necessary for the adjudication of the present dispute
are below:
i. The petitioner had purchased five Bharat Stage IV (“BS-IV”)
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compliant CNG buses on 31 May, 2016 which were permanently registered
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in the National Capital Territory of Delhi between 12 August, 2016 and
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22 August, 2016. The registrations were valid till 2031. The details with
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By:AANCHAL TAGGAR
Signing Date:15.05.2026
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regard to registration of the said vehicles are given in the table below:
ii. Subsequently, the registration of the said buses was transferred to the
Regional Transport Authority, Panipat, Haryana due to certain business
opportunities in Panipat.
iii. Pursuant to the NOC from the Transport Department, GNCTD, the
registration of the said buses was transferred to Panipat. Details of the same
are given in the table below:
iv. From January 2018 till October 2020, the petitioner was operating the
buses in Haryana for transportation of school children and staff. However, in
October 2020, the petitioner suffered a loss of business and the buses ceased
to be commercially viable for operations in Haryana.
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v. Accordingly, on 1 January, 2021, the petitioner requested the
respondent no.1/Transport Department, GNCTD to grant fresh registration
of the buses in Delhi.
vi. The request of the petitioner was rejected vide communication dated
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Signing Date:15.05.2026
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29 January, 2021 relying on the order passed by the Supreme Court on 15
June, 2020 in W.P. (C) 13029/ 1985, titled ‘ M.C. Mehta v . Union of India’ .
vii. The petitioner filed a representation against the said rejection order
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which was rejected vide communication dated 19 January, 2022.
3. Ms. Nidhi Mohan Parashar, counsel appearing on behalf of the
petitioner has relied upon various judgments/orders passed by the Supreme
Court in W.P. (C) 13029/ 1985, titled ‘ M.C. Mehta v. Union of India’ in
support of her contention that there is no bar for registration of BS-IV
compliant CNG Vehicles in Delhi.
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4. In the order passed by the Supreme Court on 24 October, 2018, the
Supreme Court had clarified that no motor vehicles conforming to the
emission standard Bharat Stage IV shall be sold or registered in the entire
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country with effect from 1 April, 2020. Paragraph 21 of the said order is set
out below:
5. Counsel for the petitioner submits that the said order is not applicable
to the present case as it pertained only to registration of new BS-IV
compliant vehicles so as to ensure transition to the revised emission norms.
The same cannot be interpreted to prohibit transfer and re-registration of
already registered and operational BS-IV compliant CNG vehicles from one
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RTO to another after 31.03.2020.
6. The respondent/Transport Department, GNCTD places reliance on the
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order passed by the Supreme Court on 15 June, 2020 in W.P. (C) 13029/
1985, wherein IA Nos. 48715/2020 and 48716/2020 were dismissed holding
that registration of old vehicles (BS-IV) cannot be allowed in Delhi. The
relevant observations from the said order are set out below:
7. Counsel for the petitioner submits that the abovesaid observations are
not applicable in the case of CNG vehicles, as clarified by the Supreme
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Court in the subsequent order dated 18 September, 2020. The relevant
observations from the said order are set out below:
8. Counsel for the respondent places reliance on the order passed by the
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Supreme Court on 2 November, 2020 (Annexure P-27) in W.P. (C) 13029/
1985, wherein the recommendations given by the Environment Pollution
Control Authority (‘EPCA’) were noted by the Supreme Court. The relevant
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By:AANCHAL TAGGAR
Signing Date:15.05.2026
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portion from the said order is set out below:
9. In the subsequent orders passed by the Supreme Court in W.P. (C)
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13029/ 1985 on 9 April, 2021 (Annexure P-6) and 30 November, 2021
(Annexure P-8), similar applications seeking direction for registration of
BS-IV compliant CNG vehicles were allowed.
10. The applications which were subject matter of these orders being I.A.
46641/2021 and I.A. 134225/2021 have been filed along with the present
petition as Annexures P-7 and P-9 respectively. The subject matter of I.A.
46641/2021 and I.A. 134225/2021 were CNG BS-IV compliant vehicles
purchased as far back as in 2017 and 2012 respectively.
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11. The order passed by the Supreme Court on 15 June, 2020, which has
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Signing Date:15.05.2026
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been relied upon in the impugned communication is only with respect to sale
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and registration of CNG vehicles after 1 April, 2020. The said order cannot
apply to vehicles which were purchased earlier and only the registration is
sought to be transferred to NCT of Delhi.
12. In light of the aforesaid orders of the Supreme Court, there cannot be
any bar on the transfer of registration of the petitioner’s vehicles, which are
admittedly BS-IV complaint CNG vehicles and were originally registered in
Delhi in 2016.
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13. In view of the aforesaid discussion, the communications dated 29
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January, 2021 and 19 January, 2022 are set aside. A direction is issued to
the respondent/Transport Department, GNCTD to grant registration to the
five BS-IV compliant CNG vehicles of the petitioner as detailed above.
14. The writ petition is disposed of accordingly.
AMIT BANSAL, J
MAY 11, 2026
Rzu
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Digitally Signed
By:AANCHAL TAGGAR
Signing Date:15.05.2026
14:50:31