ESSAR OIL LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms. Sangita Vishan, learned Assistant Government Pleader, waives service of rule for and on behalf of the respondent No.1State.

(2.) APPLICANTS herein are original petitioners of Special Civil Application No.13051 of 2008, where the challenge was made by the present applicants to the road tax made applicable to different vehicles under the Bombay Motor Vehicles Tax Act, 1958 by the respondents.

(3.) THIS application has been preferred seeking modification/clarification of the said judgment inter alia urging that the applicants, being in the business of exploration, production, refining and marketing of various petroleum products, established a huge refinery and a petrochemicals complex at Jamnagar. The specially designed crawler crane, which is mounted on chains and adopted for use in factory premises, was required and accordingly, 'Demag' Superlifter CC 12000 crawler crane was purchased. This crane has been classified under Category 'C'. It is urged that looking to the dimension, special usage and design, this is not a motor vehicle. It is also the say of the applicant that in yet another petition being Special Civil Application No.11848 of 2005, crawler cranes have been classified under Category 'A' and the crawler crane used by the applicant being bigger in size, weight, width, necessary modification is requested in the judgment to place the said vehicle under Category 'A'. It is also further urged that requisite details and specification of the crawler cranes were furnished in the memo of petition and separate affidavits were also filed twice.