A division bench of Chief Justice Y K Sabharwal and Justice S H Kapadia, in a public interest petition filed by the Smoke Affected Residents Forum (SARF) sought the total number of diesel vehicles in the city that have been challaned or apprehended for belching smoke in the city despite having a Pollution Under Control (PUC) certificate or a certificate of fitness.

The bench has also asked for further data on the action initiated against those who have issued such certificates contrary to which emission continues from such vehicles ``in violation of the standard norms''.

The bench that formulated these points followed detailed arguments made by the various respondents to the petition, including the Automobile ManufacturingAssociation, oil manufacturing companies like Castrol India and Reliance Petrochemicals, car manufacturing companies like Fiat and TELCO, beside the state transport commissioner, the BEST and the Maharashtra Pollution Control Board (MPCB). The forum, a non-governmental organisation, had first initiated the petition that was later supported by another petition filed as intervenors by another group of concerned citizens.

The bench held that they would first consider the diesel vehicles, and said they needed more data before issuing further orders. Among the various ideas thrown up during the arguments is the feasibility of having a non-removable sticker on vehicles that are facing prosecution for pollution, and whether there could be an endorsement on the licences of those owning these vehicles when the fault in the engine is rectified.

The bench also sought to know if action could be taken on fuel stations that issue false certificates or if their dealership could be cancelled, if a vehicle can be refusedfuel if it does not have a PUC certificate and if the state authorities can have points on congested roads for checking emission.

The bench woud also like to know if action can be taken against passengers travelling in such commercial vehicles, and if automobile manufacturing companies could give emission guarantee/ warranty certificates for a specific periods with the vehicles they sell.

The matter is now expected to be taken up on October 29.