Orissa HC seeks govt reply on PIL over legality of PUCC no-fuel clause

Cuttack: The Orissa high court on Tuesday sought response from the state govt on the controversial decision of denying petrol and diesel to vehicles without a valid pollution-under-control certificate (PUCC), issuing a notice to the transport commissioner-cum-chairman of the State Transport Authority (STA).

A division bench of Chief Justice Harish Tandon and Justice M S Raman asked the authority to file an affidavit within 15 days clarifying its stand on the Dec 20, 2025, notification. The matter will be taken up for further hearing after three weeks.

The court was hearing a public interest litigation (PIL) filed by Bhubaneswar resident Snigdha Patra, who has challenged the legality of the STA’s directive instructing oil marketing companies to enforce a ‘no PUCC, no fuel’ rule at retail outlets across the state. Advocate Ranjan Kumar Rout appeared for the petitioner.

The petitioner argued that the directive is arbitrary and lacks statutory backing, contending that neither the Motor Vehicles Act, 1988, nor the Central Motor Vehicles Rules, 1989, provides for denial of fuel supply to vehicles without a PUCC. It was further submitted that such a restriction is also not envisaged under the Essential Commodities Act, 1955.

The state maintained that the decision is rooted in Section 190(2) of the Motor Vehicles Act, read with Rule 115 of the Central Motor Vehicles Rules, which prescribe emission standards. According to the state, plying a vehicle without a valid PUCC amounts to an offence, and the measure was aimed at curbing vehicular pollution and protecting public health.

In its notification, the STA had cited widespread non-compliance of emission norms, observing that a large number of vehicles were operating without valid PUCCs, thereby aggravating environmental pollution.

The govt had initially proposed to roll out the policy from Jan 1, later extending the deadline to Feb 1 following public backlash. With pollution testing centres witnessing heavy rush and long queues, the deadline has since been deferred till March 31 again.