Cuttack: The Orissa High Court has directed the Transport Commissioner of the State Transport Authority (STA) and the Additional Commissioner of Transport (Enforcement) to file their responses to a petition challenging a ₹10,000 fine imposed for an alleged violation of pollution norms under the Motor Vehicles Act, 1988.
They have been asked by the single-judge bench of Justice S K Panigrahi to file their replies within two weeks, with the next hearing scheduled for January 30.
The petition was filed by Dr Keertidhara Das, a 70-year-old resident of Bhubaneswar, who received the challan on December 21, 2025, for his car purchased in 2018. The penalty was imposed under Section 190(2) of the Motor Vehicles Act, which allows for a fine of up to Rs 10,000 for violations related to air and noise pollution.
Advocate Sahasransu Sourav, representing the petitioner, argued that the Additional Commissioner of Transport (Enforcement) imposed the maximum penalty in a “blanket manner” without recording any reasons or explaining the basis for applying the highest fine permissible under the law. He described the action as arbitrary, illegal, and contrary to established legal principles.
The plea further contended that Rule 116 of the Central Motor Vehicle Rules mandates that enforcement authorities must first direct the vehicle owner to produce the vehicle for pollution testing. Only if the owner fails to comply can proceedings under Section 190(2) be initiated. In this instance, no such procedure was followed, rendering the challan unlawful, the petition claimed. Additionally, the petitioner asserted that no offence was committed, as the enforcement official was not physically present at the location and could not have reasonably formed a “reason to believe” that the vehicle exceeded prescribed emission standards under Rule 115. The imposition of the penalty was therefore an overreach of authority and should be quashed, according to the plea.
This comes amid heightened scrutiny of pollution enforcement measures in Odisha. Earlier this month, a division bench headed by Chief Justice Harish Tandon issued notices to the state government regarding a separate PIL challenging the STA’s decision to deny fuel to vehicles without valid Pollution Under Control Certificates (PUCCs). The ‘no PUCC, no fuel’ policy, initially set to take effect from January 1, faced significant public backlash, including long queues at testing centres, leading to multiple deferrals — first to February 1 and then to April 1.
