PUC challan at toll gate: High Court issues notice to Odisha Govt

Orissa High Court issued a notice on Friday to the Transport Secretary and State Transport Authority (STA) in connection with the alleged enforcement of Pollution Under Control (PUC) certificates. The notice has been issued in a case alleging violation of the Motor Vehicles (Amendment) Act, 2019.

Also Read: PUCC row: High Court issues notice to Odisha Govt, asks to respond within 2 weeks

The High Court has issued a notice regarding the issue of fines being imposed at toll gates without pollution checks. Even if the validity of the pollution certificate of the petitioner has expired, the High Court issued a notice to the State Government over the matter of fines being imposed without prior notice.

The petition was filed challenging the imposition of fines on vehicle owners without proper verification of pollution certificates. Taking note of the matter, the High Court has sought a detailed response from the concerned authorities within 15 days.

The High Court issued this notice after accepting a petition filed by Dr Kirtidhara Das. The petitioner was fined Rs 10,000 on the allegation that his PUC certificate was not valid while crossing the Pipili toll gate.

The court has directed the Transport Department and STA to clarify their stand on the issue and explain the procedure being followed while issuing challans related to pollution checks. The matter will come up for further hearing on the 30th of this month.

The case has drawn attention to concerns regarding the implementation of pollution control norms and the legality of enforcement actions taken against vehicle owners without due verification.

According to the Motor Vehicles Act, if a PUC certificate is not valid, there is a provision for the department to send a notice to the vehicle owner concerned, asking to get a pollution check done.

It was also argued on behalf of the petitioner that a fine can be imposed only if, during inspection, the concerned vehicle is found to be polluting. Claiming that imposing a fine without prior notice and without inspection is a violation of the Motor Vehicles Act, the petitioner has approached the High Court.

“When a vehicle owner riding a four-wheeler passes through a toll gate without having a valid pollution certificate, the person is now being served a challan for a fine of Rs 10,000. We had challenged this,” petitioner lawyer, Sahasranshu Sourav, said to OTV.

“A challan cannot be issued arbitrarily without verification,” the counsel added.