[avi550m]

Nice... and I presume that this money shall 'definitely' be used for planting more trees .

Instead of this, why don't they at least ensure that instead of paying the tax, the money be spent on a proper servicing of the vehicle so that it runs well. After all, while we all talk about the CO2 and other emissions from older vehicles, we fail to take into account the CO2 and other energy spent on the production of newer vehicles (i.e on transport of raw material, factory's energy usage etc.). In reality, but not buying a new vehicle and properly maintaining an older one, the environmental impact is not so much.

[CLASSICCAR]

Originally Posted by MutantX

If they scrap all 15+ year old vehicles all govt ambys would be gone. You can see all government officials and politicians plying on Mercs, BMWs, Audis and what not.

The Maharashtra Govt just wants to mint money by way some tax or
the other. The Green is just an excuse. They are least bothered
about the environment. I don,t understand if they are issuing proper
PUC certificate how old are doing more damage than new cars.can
anybody explain. This kind of loot must by stopped. I hope the
High court will do some justice.

Regards,

ANANT
NAGPUR.
LAMBRETTA -67

[ACM]

PUC certificate cannot make an old car clear the BSIII/IV norms. Older Cars will cause more pollution than newer ones. PUC certificate checks only checks if one is adhering to the pollution norms that one had to when the car was new.

That said only commercial vehicles have to be scraped beyond 15 years as they are used much more than private vehicles and hence cause more pollution, in case of older private cars, since they are a slice of history and not really used as primarly daily drive vehicles in most cases are pretty acceptable in terms of pollution caused provided they are well maintained and get the mandatory PUC certificate.

[anjan_c2007]

Originally Posted by anjan_c2007

There are two PIL's now filed at the Nagpur Bench of the Mumbai High Court. Both want the Green Tax notification by the Mah Govt to be quashed .
The court while refusing to pass any interim order after hearing the plaintiffs has served notices on the respondents and the two cases are to be jointly heard on 15/12/2010.

There was another hearing in March for the two PIL's at the Nagpur Bench of the Mumbai High Court.
I had a talk with one of the plaintiffs (there are two cases) Mr Tushar Mandlekar, an activist who is himself a lawyer.The other case is filed by Mrs Thirty Patel, Tushar's teacher and guide for PhD in the P.G. department of law here.
The legislature of the Maharashtra Assembly during the budget session has passed the Green Tax bill and it has become an Act now. Earlier it was an ordinance passed by the Governor.
The government lawyer hence came with his affidavit stating about the enactment during the last hearing.
So as of now, the two cases stand dismissed, as these were challenging the promulgation of the Governor's ordinance.
So Mr Tushar says that they will have to file new cases to challenge the Act now.He and Mrs Thirty Patel are on the job and the case will be filed soon.
Mr Tushar also told me that he does not own a single motor vehicle that is within the ambit of the Green Tax levy, but he is fighting a social cause. He rues that the government lawyer was taking adjournments and became active when the Act was passed.

[manolin]

This is simply an example of incorrect drafting of laws. Any laws which seek to curb certain technologies' usages, with the intention of curbing of misuse of that technology, should start with laying down the standards defining such misuse.

For pollution by old vehicles, this would have meant, setting down higher standards for PUC checks. Any vehicle which does not pass the relevant check, must pay higher fine.

This is very similar to a rule in a lot of places which ban mobile phones from being switched on in that room; the correct rule should be mobile phone cannot ring, or disturb the proceedings in such room (eg.- a courtroom); let the penalty be the same - no problems with that.

[lucifer1881]

One fact that we all conveniently tend to not know is simply this: I can drive a 50 year old car for my entire life and the pollution coming out of it will be much less than the pollution caused by the manufacturing of a new car.

The car manufacturers and government nexus is very clearly established with the enactment of such a law. Also, it has brought to fore the absolute nonsense that people are willing to accept in the name of going green. There is a reason why Europe has mandated all manufacturers to refurbish and sell their used cars. The pollutants coming out of the tail pipe of an old car is minuscule compared to the pollutants released when a new car is built.

[SankalpDesai]

Originally Posted by ghodlur

On the other hand give every politician a Nano to drive on their own so that they too can experience "moon" on earth during monsoon esp.

Hey Ghodlur,

That's a great idea. These politicians anyway do not deserve the current set of wheels they use at our expense. Also even if their illegal caravans pass by the narrow streets of Mumbai and other Maharashtrian cities, they would not congest the roads as they are currently doing.

Let them travel 'Cattle Class' on roads too.

[aaggoswami]

Useless stuff. This is more of patchwork done by officials and Government.

Where is the indepth overhauling of all taxes and laws.

Rather than promoting better technology, we are doing something else. Diesel Particulate Filter pioneered by PSA cannot be easily applied to India. Why ? Fuel quality. Why cant we have better fuel quality ?

Why cant we have better public transport system ? My uncle is a doctor in A'bad. He says that many people including some senior surgeons have started using BRTS in A'bad. This goes on to show that an efficient public transport can actually shift people to public transport.

For having the above, there has to be urban planning. Where is that implemented. Mumbai and Pune are having an infrastructure that is simply crumbling under the increasing load.

We have not got urban planning, poor infrastructure, etc., so why are people made to pay taxes ?

What we need :
1) Better quality fuel ( needs massive improvement )
2) Better technology ( DPF is one example, GDI can also be brought in provided we have proper fuel )
3) Better infrastructure
4) Overall deeper urban planning

One more tax will not help in any case. Nothing logical is seen in this move. Till something more concrete and logical is done with a thorough indepth brainstorming, the problems will increase rather than getting solved.

[anjan_c2007]

Breaking News: Another case before the Nagpur Bench of the Mumbai High Court has been filed yesterday 22/04/2011 challenging the power of the Maharashtra Legislative Assembly to legislate on the Green Tax issue for 15 year and older motor vehicles.Details to follow soon.
As I had clarified earlier, the ordinance passed (effective 31st Oct 2010) earlier by the government has been turned into an Act (Law) after the state assembly voted and passed the Bill to become law.
I think Nagpurkars are more proactive on this issue, whereas the jurisdiction for taxation is the entire state of Maharashtra.

[anjan_c2007]

News reports from the Times of India, Nagpur of 23/04/2011 to illustrate my previous post :

[anjan_c2007]

Originally Posted by anjan_c2007

There was another hearing in March for the two PIL's at the Nagpur Bench of the Mumbai High Court.
I had a talk with one of the plaintiffs (there are two cases) Mr Tushar Mandlekar, an activist who is himself a lawyer.The other case is filed by Mrs Thirty Patel, Tushar's teacher and guide for PhD in the P.G. department of law here.
The legislature of the Maharashtra Assembly during the budget session has passed the Green Tax bill and it has become an Act now. Earlier it was an ordinance passed by the Governor.
The government lawyer hence came with his affidavit stating about the enactment during the last hearing.
So as of now, the two cases stand dismissed, as these were challenging the promulgation of the Governor's ordinance.
So Mr Tushar says that they will have to file new cases to challenge the Act now.He and Mrs Thirty Patel are on the job and the case will be filed soon.
Mr Tushar also told me that he does not own a single motor vehicle that is within the ambit of the Green Tax levy, but he is fighting a social cause. He rues that the government lawyer was taking adjournments and became active when the Act was passed.

I again met Mr Tushar just a few days back seeking more information on the present status of Green Tax.
As of now a fresh redrafted petition will be filed soon again in the Nagpur Bench of the Mumbai High Court challenging the Act itself. Earlier the ordinance was challenged and by the time the court heard the case (after the respondent government's reply was filed to the Hon'ble Court's notice) Green Tax imposition became an Act.
As of now the tax is being levied w.e.f. 31/10/2010 and delays are being penalised @ 2% per month.
So if a car for which one has to pay Rs 3000/- for five years has defaulted and wants to pay the tax today the penalty will be 18 % (for nine months) i.e. Rs 540. The owner thus pays Rs 3540/- to save the environment, valid for five years wef 31/10/2010. The next Rs 3000/- will be payable on 31/10/2015.

[anjan_c2007]

A new case has been filed by Dr Ms Thrity Patel and Advocate Tushar Mandlekar to challenge the imposition of Green Tax on 15 year or older automobiles by the Government of Maharashtra.Notices have been issued to the Central and State governments and the jurisdiction of the Maharashtra Government to levy tax on environment has been questioned as it is a Central subject.Also it has been cited that the old government vehicles are exempt and so also vehicles of other states with outside registrations that are being used in Maharashtra.
As I had stated,the state government had passed the green tax bill during its legislature session recently.The older case was hence dismissed as it had challenged the promulgation of the ordinance by the state Governor.The government had cleverly made the ordinance into a law by getting its passed by the legislature.
Now the imposition of Green Tax as a law has been challenged.

(The Hitavada)

(Nav Bharat)

(The Times of India)
Its strange that the two Nagpurkars are on the forefront in such an important public interest matter, whereas most others who are also affected have taken it as something that has to be endured.
In fact,it is strange as I had said that Advocate Tushar owns no motor vehicle that is 15 years or older. I do not have the facts ready about Dr Ms Thrity, but will soon post whether she owns any such motor vehicle.
Maharashtra has more than 21 lakh, motor vehicles that are 15 years old or even older.
Their motivation to fight for a just cause needs to be commended!

[anjan_c2007]

Originally Posted by anjan_c2007

In fact,it is strange as I had said that Advocate Tushar owns no motor vehicle that is 15 years or older. I do not have the facts ready about Dr Ms Thrity, but will soon post whether she owns any such motor vehicle.
Maharashtra has more than 21 lakh, motor vehicles that are 15 years old or even older.
Their motivation to fight for a just cause needs to be commended!

I met Dr (Ms) Thrity Patel today in person and had a talk with her about her fight for a just cause. She is quite committed and sure about what she is doing. I told her that I have been following the case since about a year when it was first filed, notices served, hearings conducted followed by dismissal of the case and now a fresh filing followed by service of notices.
And I came to know that she also does not own any motor vehicle that is 15 years or more in age. But it is her commitment to fight for a just cause that keeps the issue live and in the court for an appropriate decision.

[pgsagar]

The courts have to come to the rescue of commommen in this country. To keep legislature in check. The greedy Legislature in its quest to fill its coffers is hellbent on taxing its citizenry on one pretext or the other. Good work judiciary! Reminds me of movie, "Judge Dredd".

[ACM]

Ms. Patel to me seems to be a doing a very important job. The legsilation proposed / passed is an absurd one and I really wonder who thought of it and then further how it got the backing of enough nuts to back it. - Excuse the language, but this kind off reminds me of the recent news where the BMC instead of repairing roads post monsoons were pumping money into developing a software that would tell drivers where the potholes on the roads were and expected us to park by side of the road and check out this app on the mobile to find potholes. - all nuts out there - and we are the bigger ones who voted them to power.