The Gauhati High Court has expressed concern over a technical glitch that prevents vehicle owners in Assam from obtaining Pollution Under Control Certificates (PUCCs) due to unpaid traffic challans, despite no legal provision restricting such issuance.
The issue came up during a hearing of Public Interest Litigation (PIL No. 52/2024), filed by the Metropolitan Transports Association and Manoj Kumar Thakuria against the Union of India, the State of Assam, and transport authorities.
The petitioners contended that vehicles compliant with emission norms are being denied PUCCs purely on the basis of pending fines — a practice not grounded in law but resulting from software constraints.
Software Glitch, Not Legal Hurdle
The dispute centers on amendments to the Central Motor Vehicle Rules, 1989, notified on September 25, 2020, which bar registration and licence renewals for vehicles with outstanding challans. However, PUCCs are not included in the list of restricted services.
Yet, the National Informatics Centre (NIC) software used by emission testing centres in Assam automatically blocks PUCC issuance for vehicles with pending fines, effectively creating an artificial barrier.
The High Court bench, led by Chief Justice Ashutosh Kumar and Justice Michael Zothankhuma, noted that this issue stems from the software’s incapability, not from a legal mandate.
Central Ministry Clarification Ignored
Further complicating matters, the Ministry of Road Transport and Highways issued a clarification on May 9, 2024, stating explicitly that there is no legal bar on issuing PUCCs to vehicles with pending challans.
The Ministry also urged all states and union territories to transition to NIC software version 2.0, which is equipped to allow PUCC issuance regardless of challan status.
Despite this, the Assam Transport Department has not adopted the updated software, continuing to block certificates.
Court Seeks Swift Resolution
During the hearing, the Union Government’s counsel assured the court that steps would be taken to coordinate with the Assam Transport Department and NIC to resolve the issue swiftly.
The matter has been posted for further hearing on August 14, giving authorities time to rectify the software limitations and ensure that vehicle owners are not penalized for a technical oversight.
