CHENNAI CITY AUTO OOTUNARGAL SANGAM, REPRESENTED BY ITS SECRETARY J.MANOHAR (W.P.NO.1598 OF 2017) Vs. THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, UNION GOVERNMENT OF INDIA, NEW DELHI

JUDGEMENT

(1.) This batch of Writ Petitions has been filed by various Associations namely Chennai City Auto Ootunargal Sangam, Tamilnadu Driving Schools Owners Federation, Madras Metro Auto Drivers Association, Vada Chennai Maavatta Auto Ottunargal Padugappu Nalasangam and Tamilnadu Lorry Owners Federation, challenging notification issued in G.S.R.1183(E) dated 29.12.2016 amending Rule 32 and Rule 81 of the Central Motor Vehicle Rules 1989 ('Rules') fixing a new fee structure under the Motor vehicles Act 1988 ('Act') and levying additional fees for certain category of services rendered by the authorities under the Act. Though the prayer addresses the notification in entirety, challenging the same on the ground of unconstitutionality and invalidity, the petitioners, have, in the course of the hearing restricted the prayer to the levy of additional fees alone.

(2.) The main contention of the petitioners as canvassed by Mr.S.Govindraman, Learned Counsel appearing for all writ petitioners is as follows:

(3.) The main contention of the petitioners is to the effect that the power under section 211 of the Act is restricted to the levy of a fee alone and does not extend to the levy of additional fee as proposed in the impugned notification. The instances where additional fee is proposed to be levied are as follows (emphasized in italicized bold);