WESTERN COALFIELDS LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Returnable forthwith. Ms. Dangre, A. G. P. waives service for respondents. Rule is heard finally by consent of the parties at this stage.

(2.) ON 20th September, 2002, at Nari Saoner Road, Nagpur, Excavator (Heavy Earth Mover) being Model No. 2021, Serial No. 20212379 having chassis No. 81016314/13, FIF 409 FD 12/97, was seized by the Regional transport Officer, Nagpur. The said Excavator belongs to the petitioner Western Coalfields Ltd. It was going from Silewara tq Nagpur (Godhani) and upon demand, the driver of the said Excavator failed to produce valid documents. In the opinion of the Regional Transport Officer, Nagpur, said excavator was 'motor vehicle' and, accordingly, it was detained for want of valid documents. The seizure of the said Excavator has led to the filing of this writ petition. It is prayed that it be declared that the Heavy Earth moving Machineries owned by the petitioner are not the 'motor vehicle' as contemplated under the Motor Vehicles Act, 1988 (for short 'm. V. Act'), and hence they are not required to be registered nor any tax is required to be paid on them under the provisions of Bombay Motor Vehicles Tax Act, 1958 (for short, 'bombay Act, 1958 ). The petitioner has also prayed for quashing of the order dated 20th September, 2002, whereby the Excavator was seized.

(3.) THE case set up by the petitioner in the writ petition is that it owns mines in the country and for open cast mining, the heavy equipments and machineries are required to be used for digging as well as removal and transport of coal. The said equipments and machineries, according to the petitioner, are used which can even carry loads at a time. For plying such heavy machineries, the special types of roads are required to be prepared in the mines and they cannot ply on ordinary roads. The petitioner's case is that these machineries have got the special features; they can be used in the mining conditions only. They have different description designed for use in the Colliery for mining activities and for use on specially built roads (haul roads) within the Colliery/mining area. It is averred by the petitioner that Excavators are commonly known as 'dumpers' and the said dumpers, are self designed for off high way operation; some of them are chain mounted and some are tyre mounted for their use in the mining area.