Cuttack: The Orissa High Court on Friday issued notice to the Transport Secretary and the State Transport Authority (STA) over the alleged improper enforcement of Pollution Under Control (PUC) norms, particularly the imposition of fines at toll gates without prior verification or inspection.
The notice was issued while hearing a petition filed by Dr Kirtidhara Das, who challenged the legality of a ₹10,000 fine imposed on him at the Pipili toll gate on the allegation that his PUC certificate was invalid. The petitioner contended that the fine was levied without any physical inspection of the vehicle or prior notice, in violation of the Motor Vehicles (Amendment) Act, 2019.
Taking cognisance of the matter, the High Court directed the Transport Department and the STA to submit a detailed response within 15 days, explaining the procedure being followed for issuing challans related to pollution checks. The matter is scheduled for further hearing on the 30th of this month.
The court also sought clarification on reports that fines are being imposed at toll gates solely on the basis of PUC certificate validity, without conducting on-the-spot pollution tests. Even though the petitioner’s PUC certificate had expired, the court questioned whether penalties could be imposed without issuing a prior notice or carrying out due verification.
According to provisions under the Motor Vehicles Act, if a vehicle’s PUC certificate is found to be invalid, the authorities are required to issue a notice to the vehicle owner, asking them to get the pollution check done within a stipulated period. It was argued that a fine can be imposed only if, during an inspection, the vehicle is found to be emitting pollutants beyond prescribed limits.
The petitioner maintained that imposing penalties without inspection or notice amounts to a violation of statutory provisions and principles of natural justice. The case has brought renewed focus on the implementation of pollution control norms and raised concerns over the legality of enforcement measures adopted by transport authorities.
