VIJAY KUMAR Vs. GOVERNMENT OF NCT

JUDGEMENT

(1.) THIS writ petition seeks the quashing of Direction No. 2 in Notification no. F. 19 (22)/tpt. /sectt. /2006/197 dated 26. 05. 2006 issued by the Respondent no. 2 (Lt Governor of the National Capital Territory of Delhi), in purported exercise of powers conferred by Section 67 (1) (ii) read with Section 2 (41) of the motor Vehicles Act, 1988 (hereinafter referred to as "the said Act"), whereby goods carriages having a gross vehicle weight upto 3000 kgs and which are registered outside the National Capital Territory of Delhi (NCT of Delhi) have been prohibited from entering into and plying on the roads of NCT of Delhi.

(2.) THE petitioner Nos. 1 " 4 are residents of NOIDA, UP. They are registered owners of three-wheeler goods carriages, each having a gross vehicle weight of less than 3000 kgs. The said vehicles are registered with the registering authority, Motor Vehicles Department, NOIDA, UP. The vehicles of petitioner Nos. 1 to 3 run on diesel whereas petitioner No. 4's vehicle runs on compressed Natural Gas (CNG ). All the vehicles are Euro-II compliant and were being used to transport goods to and fro adjoining areas " NOIDA, Ghaziabad, etc. , " and NCT of Delhi. Petitioner No. 5 is an association of persons such as the petitioner Nos. 1 to 4 and is registered in UP. The petitioner No. 6 is the financier of the vehicles.

(3.) THE petitioners have challenged the said Direction No. 2 in the impugned notification on the following grounds:-