Supreme Court rejects PIL against 20 percent ethanol-blended petrol/ E20 fuel

The Supreme Court on Monday dismissed a public interest litigation (PIL) petition filed against the rollout of 20 percent Ethanol Blended Petrol (E20) without giving consumers the choice to opt for ethanol free fuel.

A Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran passed the order after the Central government opposed the plea and claimed that E20 fuel benefits sugarcane farmers.

The government also questioned the credentials of the petitioner.

"Dismissed," the Court said rejecting the plea.

The petition was filed by advocate Akshay Malhotra.

According to the petitioner, vehicles manufactured in India prior to April 2023 are not compatible with ethanol mix petrol and vehicles as recent as 2 years old, though BS-VI compliant, are also not compatible with ethanol mixed petrol wherein the percentage of ethanol is twenty percent.

Senior Advocate Shadan Farasat, appearing for the petitioner, submitted that consumers have to be given an option to choose non-E20 fuel.

"We have to be given an option what we want. We are not against E20 but at least let the supply persons inform that it is so. Some vehicles are not compliant with the same. Only vehicles which have come post April 2023 can tolerate E20," he argued.

While he conceded that E20 is a logical progression as far as fuel is concerned, most vehicles today are not compatible with the same.

"E20 is logical progression but cars need to be made compatible along with engine calibration. Non-availability of E10 petrol for existing customers is what we are challenging. We want options. We do not want E20 to go," Farasat said.

"This petitioner is an Englander (sic). Somebody from outside will dictate what petrol to use. Sugarcane farmers are benefitting from this. Now they will tell us don't," Attorney General R Venkataramani told the Court on behalf of the government.

According to automobile manufacturers and reports of research bodies, ethanol blending causes corrosion of engine parts, lowers fuel efficiency and leads to and premature wear and tear of vehicles, the plea alleged.

Any such damage will not be covered by insurance leaving consumers without remedy, it was contended.

“As the vehicles are not compatible with ethanol blended petrol which will result in damage to the said vehicles, the claim raised in this regard will not be covered by the manufacturers or the insurance companies as the consumers have violated the terms specified,” the petitioner submitted.

The petition highlighted that in the United States of America, ethanol blended petrol to the extent of 10 percent is standard but ethanol-free petrol is also available and in the European Union, blends of 5 percent and 10 percent co-exist with clear labelling.

“In India, without informing the consumers, only ethanol blended petrol is made available to the public without any labelling or display of composition of the fuel,” the plea alleged.

The petitioner sought directions to ensure the availability of ethanol-free petrol at all fuel stations, mandatory labelling of ethanol content, enforcement of the Consumer Protection Act and a nationwide impact study on vehicle degradation due to E20 usage.

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