SAJEESH KUMAR Vs. REGIONAL TRANSPORT AUTHORITY PALAKKAD

JUDGEMENT

(1.) The petitioners in this batch of writ petitions challenges the decisions made by the State Transport Authority (henceforth referred to as "the STA") or the corresponding Regional Transport Authority (henceforth referred to as "the RTA") regarding the granting or rejection of regular stage carriage permits, subject to the requirement that the vehicle to be produced adhere to BS-VI emission norms under Rule 115 and AIS-052 bus body design standards under Rule 125-C of the Central Motor Vehicles Rules, 1989 (hereinafter "the CMV Rules").

(2.) The common issue arising for consideration in these writ petitions are whether the RTAs are legally competent to impose, at the stage of grant of a regular stage carriage permit, conditions mandating compliance with AIS-052 specifications and BS-VI emission norms, when such conditions virtually operate as an indirect fixation of the age of the vehicle, contrary to the statutory scheme under the Motor Vehicles Act, 1988 (hereinafter 'the MV Act') and the Kerala Motor Vehicles Rules (hereinafter 'the KMV Rules').

(3.) Table showing the details of the writ petitions: