HC to Delhi: Make CNG-kit app or use private one

Gives the state govt a deadline of 20 days

The Delhi high court directed the AAP (Aam Aadmi Party) government on Monday to consider adopting a software program developed by the Society for Alternative Fuel and Environment (Safe) to monitor the genuineness of CNG kits installed in vehicles, in case their own system could not be made fully functional within 20 days. CNG is compressed natural gas.
 
The bench of judge Manmohan passed the order on a petition filed previously by Safe and another entity against an August 12 decision of the Delhi government, allowing the fitting of CNG kits in “in-use” vehicles only after their endorsements by original vehicle manufacturers. The August circular had relaxed a total ban issued by the authorities on CNG fitments in ‘in-use’ vehicles on June 20, after complaints regarding installation of thousands of spurious CNG kits during the implementation of the two odd-even drives in Delhi.
 
On the previous date of hearing, September 28, Safe had filed that the issue of registration of CNG kits was already dealt by Central Motor Vehicles Rules, 1989, and as such, the directions of the transport department were beyond the scope of the Motor Vehicles Act, 1988.
 
The court had admitted the petition on that date, but refused to pass any interim orders as the government had filed that the National Informatics Centre was in the process of implementing a digital program to regularise the issue and was meeting affected parties on September 30 for further discussions.
 
In Monday’s hearing, the petitioners filed that the government had introduced the digital window, but it was dysfunctional and unusable. Safe again prayed for the June 20 order to be stayed in the interim, as it was affecting the interests of the aggrieved parties on a daily basis, due to delays not of their own doing. 
SAFE mentioned that the present situation was affecting around 14 importers and 250 retro-fitters of CNG kits, allowing only two kit makers with vehicle manufacturer approvals to corner the market, even though one of them had itself been involved in the CNG scam. SAFE also suggested the use of their self-developed program to avoid any further financial losses to the aggrieved parties, in case the government was unable to implement the program themselves.
 
After hearing the submissions made, Justice Manmohan asked the government counsel about the steps being taken by the government to get the program functional and suggested that the authorities ask the NIC to evaluate the SAFE software in case they were having difficulties in adopting a workable platform. The advocate for the government admitted that the software was still facing issues and assured the court that a solution would be reached within 20 days.
 
Considering the government’s response, the court then directed the authorities to expedite the development of a fully functional verification program and in case of failure to do so within 20 days, to consider utilising the society’s software (after evaluation by the NIC) instead.
 
The bench has also allowed the petitioners to file their representations on the alleged monopolistic practices adopted by the two CNG kit makers (with vehicle manufacturer approvals), to the Transport Commissioner within one week. The matter has now been listed for further hearing on November 24.