PARAMJIT BHASIN Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 32 of the Constitution of India, 1950 (in short the Constitution) the petitioners have questioned legality of certain notifications purportedly issued by various States like Punjab and Haryana, Gujarat, Madhya Pradesh, Rajasthan, Orissa, Maharashtra, Karnataka and Uttar Pradesh under the provisions of Section 200 of the Motor Vehicles Act, 1988 (in short the Act). Stand of the petitioners is that by the notifications certain acts outside the ambit of Section 200 of the Act have been covered, though those were committed in clear violation of mandate of Sections 113 and 114 read with Section 194 of the Act. The notifications have been issued which in effect condone the offence and permit its continuance though legally no such continuation could have been permitted. It is the stand of the petitioners that under the Act and the Rules made thereunder the maximum gross weight of the vehicles, more particularly, transport vehicles have been fixed. Both under the Motor Vehicles Act, 1939 (in short the Old Act) and the Act maximum gross weight for each axle of a truck in relation to the size and number of tyres fitted therein is prescribed. The Ministry of Surface and Transport was empowered by the Old Act and the Act to specify maximum gross weight and maximum weight of transport vehicles. Chapter VII of the Act deals with construction, equipment and maintenance of motor vehicles. Section 110 empowers the Central Government to make Rules in respect of several matters. Power has also been conferred to make Rules under Section 111. As a part of Chapter VII under the heading "Control of Traffic" the limits of weight and limitations on use have been prescribed under Section 113. Section 114 deals with the powers to have vehicle weighed. Section 194 makes driving of vehicles exceeding permissible limit an offence and consequences of contravention of the provisions contained in Sections 113, 114 and 115 have been set out. Section 200 deals with composition of certain offences under several sections including Section 194.

(2.) As noted above, stand of the petitioners is that what is permissible is composition of offences punishable under Section 194. It does not, however, permit continuance of the infraction after the compounding. Illustratively it is state that when any person drives or allows to be driven in any public place any motor vehicle exceeding the specified weight (in terms of Section 113(3)) the excess weight has to be off-load at the cost of the transporter. But in essence notifications issued by State Government permit carriage of the excess weight after compounding.

(3.) The Union of India in its response has pointed out that when several notifications issued by various State Governments were brought to the notice of the Central Government, it resulted in anxious consideration by the officials of the Central Government. Several meetings were called and the State Governments were given suitable directions for withdrawal/modification of the notifications. Some of the States to whom notices were issued in the present case have filed counter-affidavits while others have orally submitted about action taken by them, on the basis of the discussions held at the meeting with the Central Government officials. We shall deal with the individual cases later on.