N VENKATESWARA RAO Vs. S T A

JUDGEMENT

(1.) Permission to file special leave petitions is granted. Delay condoned.

(2.) Leave granted in all the special leave petitions.

(3.) These appeals by special leave arise from the judgment of the division bench of the A. P. High court made in WP No. 6211 of 1990 and batch, on 21/12/1991. All the appellants are owners of public carriers plying in the State of A. P. and registered under the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") and the Rules made thereunder. Their vehicles have 3 axles and are called Tauras vehicles. It is their case that due to change in the size of the tyres of the front axles and the rear axle and the ply rating, the maximum self-laden weight got increased. Therefore, with permission of the Regional Transport Authority they have been plying the vehicles with increased laden weight from August 1988. But after 31/3/1990, they were interdicted on the ground that the weight was in excess of maximum permissible laden weight and maximum safe axle weight and as a consequence thereof their business of transporting goods has been interfered with unnecessarily. As this was being done under the notification dated 8/6/1989 issued by the central government in exercise of its power under Section 58 of the Act they challenged the said notification as ultra vires the provisions of the Act. After the judgment of the High court, the Rules came to be amended in 1994. When the appeals were preferred before this court, by order dated 1/2/1996 this court pointed out that the central government have to carry out the amendment to the Rules and the Schedule so as to bring them in conformity with the Amendment Act 54 of 1994. Time, when sought for to do the needful, was granted to the government of India. As a result, now the notification has been issued on 18/10/1996 exercising the power under Section 58 (1 of the Act and also appended explanatory note to the said notification.