Orissa HC upholds denial of PUCC to vehicles with traffic challans
CUTTACK: In a significant development, the Orissa High Court on Tuesday refused to interfere against non-issuance of the Pollution Under Control Certificate (PUCC) to vehicles in the state solely on the ground of non-clearance of the challans pending against them in connection with traffic violations.
The bench of Chief Justice Harish Tandon and Justice MS Raman also upheld the government’s decision for denying PUCC to vehicles with traffic challans. The court was hearing a PIL seeking intervention against the state government’s bid to curb vehicular pollution by making a valid PUCC mandatory to obtain petrol and diesel from fuel stations.
The PIL filed by Bhubaneswar resident Snigdha Patra, had also challenged the legality of the automated pollution testing centres in the state refusing to issue PUCC to vehicles against whom challans were pending.
Earlier on January 27, the state government had informed the court by way of an affidavit that it had withdrawn its directive instructing oil marketing companies to enforce a “No PUCC, No Fuel” rule at retail outlets across the state. With it, the legality of refusal to issue PUCC to vehicles with pending challans was left for adjudication.
When the matter was taken up on the day, advocate general Pitambar Acharya submitted that non-issuance of PUCC to vehicles with pending challans was legally valid as per the Rule 167 of Central Motor Vehicle (Third Amendment) Rules, 2026 which was notified on January 20, 2026 and a Gazette notification on it had followed on January 21.
The AG submitted in detail how Rule 167 had undergone a sea-change after the amendment, permitting the authorities to deny the issuance of the PUCC solely on the ground of non-clearance of the pending challans. Acknowledging the submissions of the advocate general, the bench endorsed the government’s refusal to issue PUCC to vehicles against whom challans were pending, and disposed of the PIL.
After the high court’s observations, Commerce and Transport minister Bibhuti Bhushan Jena said the state government was vindicated by the ruling. He said the court has clarified that a motor vehicle cannot undertake pollution test for PUCC if the challan is pending for more than 90 days. Fine payment against challans pending for more than 90 days is mandatory for availing PUCC, he added.
“Advocate general Pitambar Acharya submitted in the court that road safety and environmental protection are both important issues. Keeping this in mind, both the central and state governments are taking decisions on the basis of the law. Whatever decision the government took regarding PUCC was completely legal,” Jena said in a press statement.