Registration of diesel vehicles: SC takes umbrage at North Delhi Municipal Corporation

The Supreme Court Monday took umbrage at the North Delhi Municipal Corporation for suppressing facts before a vacation bench to secure an order in its favour relating to registration of diesel vehicles. The top court was anguished that oral observations made by it during the hearing on May 7 that it would ascertain some facts relating to the issue on re-opening of the court in July was not mentioned before the vacation bench which passed an order on May 16.

"There is some order passed in the vacation. First, we want to know the propriety of it. Whether it was proper for you (civic body) to mention it (before vacation bench)? We had passed an order and you took a chance before the vacation bench," a bench of Justices Arun Mishra and Deepak Gupta said. "There is the propriety of the bar. It is not proper for the bar to violate the order," the bench said, adding that the regular bench had on May 7 said the matter would be listed before it for hearing in July.

The bench expressed its displeasure over the counsel appearing for the North Delhi Municipal Corporation for this. The council, however, said he had not appeared in the matter on May 7 and was unaware of the court's observation.

"Additional Solicitor General Pinky Anand was there when we heard the matter (on May 7). Then, you go before the vacation bench and did not tell the bench about our observations. We are not averse to the passing of the orders," the bench said, adding that "it is absolutely improper". The bench posted the matter on July 5 and asked ASG Pinky Anand to be present during the hearing.

The issue relates to the registration of six diesel-driven mounted suction-cum-jetting machines for the purpose of desilting, cleaning of drains and culverts and for implementation of the Municipal Solid Waste Rules, 2016. On May 16, a vacation bench of the apex court had passed an interim order directing the Transport Department of the Delhi government to register these vehicles.