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The Tripura High Court has recently directed the Tripura Government to take urgent steps in the public interest to frame a comprehensive electric vehicle policy for the State of Tripura to achieve the objective of environmental protection through promotion of non-carbon fuel based vehicles in an efficient and timely manner.

A bench of Chief Justice Indrajit Mahanty and Justice SG Chattopadhyay said, "promotion of alternate fuels to carbon based transport system is being encouraged by the Union of India and electric vehicles are being offered various incentives including subsidies in EV policies for various States."

Whereas, "It appears that various States including Maharashtra, Gujarat, Odhisha and others have also exempted road tax and registration charges and various incentives have been declared under the said policies," the bench added.

The bench was hearing a Public Interest Litigation filed by Sudipa Nath seeking a direction to the State of Tripura to frame a comprehensive electric vehicle policy to ensure that the objective of environmental protection through promotion of non-carbon fuel-based vehicles be achieved in an efficient and timely manner and in public interest.

The plea has further sought direction to effectively adopt the scheme for Faster Adoption and Manufacturing of Electric Vehicles in India Phase II (FAME India Phase II).

In addition to this, the counsel appearing for the petitioner had submitted, "that at least 13 States in the Union of India have already approved and notified dedicated electric vehicles (EV policies) to promote adoption of electric vehicles and State of Tripura is yet to approve or notify its EV policies for promotion and adoption of electric vehicles. 

The bench while referring to the judgment of Supreme Court in the case of Subhash Kumar Vs. State of Bihar said, "It is imperative to state here that both the Union as well as State Governments are duty bound to take such steps as to reduce pollution...wherever environmental pollution occurs individuals are entitled to a remedy including removal of polluted water or air which may be detrimental to the quality of life."

Whereas, the court directed the Tripura Government to take urgent steps to implement and adopt necessary steps under the scheme of FAME India Phase II issued by the Union of India on March 8, 2019, and frame a comprehensive electric vehicle policy for the State of Tripura to achieve the objective of environmental protection through promotion of non-carbon fuel based vehicles in an efficient and timely manner.

Case Title: Smt. Sudipa Nath Vs. Union of India and Others.