MANINDERJIT SINGH BITTA Vs. UNION OF INDIA

JUDGEMENT

(1.) GOVERNMENT of India, on 28th March, 2001, issued a notification under the provisions of Section 41(6) of the Motor Vehicles Act, 1988 (for short, 'the Act') read with Rule 50 of the Motor Vehicles Rules, 1989 (for short, 'the Rules') for implementation of the provisions of the Act. This notification sought to introduce a new scheme regulating issuance and fixation of number plates. In terms of sub-section (3) of Section 109 of the Act, the Central GOVERNMENT issued an order dated 22nd August, 2001 which dealt with various facets of manufacture, supply and fixation of new High Security Registration Plates (HSRP). The Central GOVERNMENT also issued a notification dated 16th October. 2001 for further implementation of the said order and the scheme. Various States had invited tenders in order to implement the scheme.

(2.) A writ petition being Writ Petition (C) No.41 of 2003 was filed in this Court challenging the Central Government's power to issue such notification as well as terms and conditions of the tender process. In addition to the above writ petition before this Court, various other writ petitions were filed in different High Courts raising the same challenge. These writ petitions came to be transferred to this Court. All the transferred cases along with Writ Petition (C) No. 41 of 2003 were referred to a larger Bench of three Judges of this Court by order of reference dated 26th May, 2005 in the case of Association of Registration Plates v. Union of India [JT 2004 (Suppl. 2) SC 379 : 2004 (5) SCC 364], as there was difference of opinion between the learned Members of the Bench dealing with the case. The three Judge Bench finally disposed of the writ petitions vide its order dated 30th November, 2004 reported in [2005 (1) SCC 679]. While dismissing the writ petition and the connected matters, the Bench rejected the challenge made to the provisions of the Rules, statutory order issued by the Central Government and the tender conditions and also issued certain directions for appropriate implementation of the scheme.

(3.) IN the meanwhile, lA No. 10 of 2010, in Writ Petition No. 510 of 2005, was filed by the State of Kerala seeking extension of time to comply with the scheme and orders of this Court. They prayed for six months' extension with effect from 1st June, 2010. One of the main grounds taken by the State of Kerala was that it was finalizing the modalities needed for implementation of the HSRP scheme in the State and was also finding out the cheapest rate in the market for benefit of public. This application was opposed by the petitioner and during the course of arguments, applicant State of Kerala also pointed out that it had financial constraints as well in implementation of the scheme. An order was passed by this Court on 13th August, 2010 noticing the grounds taken up by the State of Kerala and they were permitted to implement the scheme phase-wise and at the places indicated in that order.