SHARMA TRANSPORTS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals and writ petitions are directed against the order of the High Court of Judicature at Bombay in Writ Petition No.3 of 1996 dated 21.07.2006, whereby the High Court has held that transporters (writ petitioners before the High Court) could only provide luggage space at the rear or the sides of a tourist vehicle as mandated by Rule 128(9) of the Central Motor Vehicles Rules, 1989 [hereinafter referred to as "the Rules"], and no luggage could be carried on the roof of the vehicle. The prayer in the writ petitions is to direct the respondents therein not to check, levy and collect the compounding fee from the vehicles of the petitioners.

(2.) The transport operators [hereinafter referred to as the "transporters"] are in appeal by special leave before us, claiming that they have the right to carry luggage of the passengers on the roof of their vehicles. In all, there are six appeals and three writ petitions before us, but for the sake of convenience, we will refer to the factual scenario in C.A. No. 1507 of 2007, as the same dicta will also be applicable to the rest of the matters.

(3.) The transporters operate tourist vehicles between the States of Karnataka and Maharashtra and have been granted tourist permits by the State Transport Authority of Karnataka under Section 88 of the Motor Vehicles Act, 1988 [hereinafter referred to as "the Act"]. The respondents, by their communication/circular dated 15.12.1995 had issued instructions to all the subordinate authorities under the Act to ensure that there was no luggage carried on the roof of the vehicles, as the same was not permissible under law. Due to this instruction, the checking authorities had started imposing and collecting fines to the tune of 1500/- for each entry and exit from the transporters for carrying goods on the roof of vehicles with tourist permits.