Orissa High Court Upholds State's Decision to Deny PUCC for Vehicles with Pending Challans
The Orissa High Court, in a significant ruling on Tuesday, declined to interfere with the state government's decision to allow authorities to deny Pollution Under Control Certificates (PUCC) to vehicles that have pending traffic challans. The court held that such a refusal is legally valid under recently amended central rules, bringing clarity to a contentious issue.
Court Disposes of PIL Challenging the Move
A division bench comprising Chief Justice Harish Tandon and Justice M S Raman disposed of a Public Interest Litigation (PIL) that had challenged the state's move. The PIL was filed by Bhubaneswar resident Snigdha Patra, who sought court intervention against the refusal of Automated Pollution Testing Centres to issue PUCCs to vehicles with outstanding challans.
The petitioner had also questioned the state government's earlier proposal to enforce a "no PUCC, no fuel" policy at petrol pumps as a measure to curb vehicular pollution. This aspect of the case was addressed separately during the proceedings.
State Government's Justification Based on Amended Rules
During the hearing, Advocate General Pitambar Acharya informed the court that the state had already withdrawn its directive asking oil marketing companies to deny fuel to vehicles without valid PUCCs. An affidavit confirming this withdrawal had been filed earlier on January 27.
However, Acharya strongly argued that the refusal to issue PUCCs to vehicles with pending challans was permissible under Rule 167 of the Central Motor Vehicle (Third Amendment) Rules, 2026. This rule was notified on January 20, followed by a gazette notification on January 21.
The Advocate General submitted that the amended Rule 167 had undergone what he described as a "sea change", explicitly empowering authorities to deny issuance of PUCCs solely on the ground of non-clearance of traffic challans. This legal foundation formed the core of the state's defense.
Court's Decision and Legal Implications
After carefully considering the submissions from both sides, the court accepted the state's stand and upheld the legality of denying PUCCs to vehicles with unpaid challans. The bench's decision brings the PIL to a formal close while establishing an important precedent.
The ruling effectively means that vehicle owners in Orissa must clear all pending traffic challans before they can obtain or renew their Pollution Under Control Certificates. This creates a direct link between traffic compliance and environmental compliance, potentially encouraging better adherence to traffic regulations.
The court's acceptance of the amended central rules as sufficient legal basis for this policy represents a significant development in how traffic enforcement and pollution control measures can be integrated under existing legal frameworks.
