PENTECOSTAL MISSION Vs. UNION OF INDIA

JUDGEMENT

(1.) NOTIFICATION S.O.1248 (E) dated 05.11.2004 is challenged on the ground that Omni Buses belonging to the Petitioner Society have been categorized as 'transport vehicles' and therefore, NOTIFICATION is ultra vires.

(2.) BRIEFLY stated case of the Petitioner is as follows:-

(3.) IN exercise of power under Sec.41 (4) of Motor Vehicles Act, S.O.451(E) dt 19.06.1992 was passed classifying 'Omni Buses for private use' as 'non-transport vehicle'. IN the said Notification, Omni Buses by itself was classified as 'transport vehicle' (vide clause xxiii).