HC quashes order to ban sale of bio-diesel in Rajasthan

JAIPUR: Rajasthan High Court quashes state bio-fuel authority's order on banning retail sale of bio-diesel in the state. The petitioners said, the ban violates Central government's directive allowing direct sale of the bio-diesel.
The single bench of Justice S P Sharma while quashing the ban order on a petition by Kotyark Industries Pvt Ltd and Yamuna Bio Energy Pvt Ltd said that if the quality of bio-diesel sold in the retail outlet is not good enough, the authorities should initiate action against the outlet instead of banning the whole product.

The State Biofuel Authority through an order in April 4, 2017 directed all district collectors stop the setting up of bio diesel outlets. The panchayati raj department, the nodal department of the bio fuel said there were many companies producing bio fuel had invited applications for setting up of bio diesel in the state and this is not in accordance with the union government directive. According to the central government bio diesel could be sold directly only to bulk consumers.

The state government's order pointed out that the Central government in August 2015 had permitted direct sale of bio diesel (B-100) for blending with high speed diesel to bulk consumers in accordance with the standards specified by the Bureau of Indian Standards to railways, state transport undertakings and other bulk consumers having minimum requirement of bio diesel for their own consumption not less than 12000 litres.

Besides it said the quality of the bio fuel sold in the outlet was found to be very poor and there were complaints of the vehicles developing snags after bio fuel was used. Some of the vehicle owners have filed FIR and sought compensation from the Bio Fuel Authority.

The petitioners said, order of the state government goes against the Central government directive on June 29 2017 allowing direct sale of bio diesel.The court said the State Bio Fuel Authority issued the order was not aware of the Central government directive and in case of a dispute between the state and central order the central government decision prevails. The court said the state authority had to work according to the national policy and set aside the ban order.