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Old 18th August 2020, 15:34   #181
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Re: FADA wants to sell BS4 cars till 31st May, 2020

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Originally Posted by Diesel_Drives View Post
Minutes from the proceeding between Supreme Court and FADA(as received). Quoting from the same:

"
Supreme court during their 27/03/2020 judgement on 'Sold but not Registered' BS4 Vehicles >

"It is stated by Mr. K.V. Vishwanathan, learned senior counsel appearing on behalf of the applicant/Federation of Automobile Dealers Association that 1,05,000 two-wheelers, 2250 passenger cars and 2000 commercial vehicles are there which have been sold but not registered through out India. Unsold vehicles are stated to be 7,00,000 two wheelers, 15,000 passenger cars and 12,000 commercial vehicles.

With the consent of Mr. A.N.S. Nadkarni, learned Additional Solicitor General and Mr. K.V. Vishwanathan, learned senior counsel, it is ordered that sold vehicles be registered by the concerned authorities by 30.04.2020. However, at the same time we direct the applicant to furnish details of the purchasers, on affidavit, of the aforesaid vehicles through e-mail, within seven days from today. Details of registration shall also be furnished to this Court."

Supreme court during their 13/08/2020 judgement on 'Sold but not Registered' BS4 Vehicles >

"Apart from that, there are large number of vehicles, sales of which were not uploaded on E-Vaahan Portal. Since, sales were not uploaded, as required, the transactions cannot be recognised as genuine sales. The order passed by this Court on 24.10.2018 is clear that sale and registration of BS-IV vehicles shall not be allowed after 31.03.2020. We cannot allow the registration of such vehicles, sales of which were not uploaded on E-Vaahan Portal of the Central Government or the portal of the concerned State Government.

There are still stated to be a large number of sales which have been made and uploaded on the E-Vaahan Portal, even temporary registrations were made. Their registration during the lockdown period could not be made. Hence, we allow registration of such vehicles only which could not be registered during lockdown in the month of March, 2020 and for no other reason. However, the position of Delhi and NCR is different. We clarify our order dated 27.03.2020 to the effect that no registration of BS-IV vehicles is
to be made in Delhi and NCR as people are suffering from severe air pollution and the order passed by this Court in 2018 was clear. No vehicle of BS-IV in Delhi and NCR to be registered.


We order that in the Delhi and NCR, no registration of the vehicles of BS-IV is to be made after 31.03.2020. This order is for the rest of the country and only due to lockdown, not to be used for any other purpose/reason and for registration of other vehicles of which registration was not done for any other reason."



On 27th March it was simply allowed for category of 'sold' vehicles to be 'registered' by 30.04.20.

On 13/August they further bifurcated 'sold' vehicles into below and accordingly decision was given
- Sold and sales not uploaded on E-Vaahan : Registration not allowed after 31.03.20
- Sold and sales uploaded on E-Vaahan in Delhi NCR : Registration not allowed after 31.03.20
- Sold and sales uploaded on E-Vaahan in rest of country except Delhi NCR : Registration allowed

How did the stand or definition changed for sold cars since March?
Even if we are to go by sold and details uploaded, why does it change for Delhi NCR alone?

There is no consideration of period of 23rd - 31st March when all the RTOs were shut or had suspended registration pertaining activities.

Am I reading it correctly or have I missed out anything?
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