A CHANDRA SEKHAR REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) The vires of S. 52 of the Motor Vehicles Act, 1988 as amended by the Motor Vehicles (Amendment) Act, 2000 is in question in these petitions.

(2.) The petitioners herein intend to convert their petrol vehicles into diesel vehicles by replacing petrol engine with a diesel engine. A Division Bench of this Court in Writ Petition No. 5501 of 2001, disposed of on 18-4-2001 has held that although such substitution of a petrol engine by a diesel engine is not permissible under the main provision it is so in terms of the proviso appended thereto.

(3.) The learned counsel appearing on behalf of the parties would contend that with a view to attract the rigour of sub-section (1) of S. 52 it must be shown that the entire basic feature of the vehicle is being changed. Reliance in this connection has been placed on T. K. Radhamani v. Joint Regional Transport Officer, Mattancherry, AIR 1997 Ker 85 and A. Narayana Rao v. Asstt. Secretary, RTA, Sec'bad (1999) 1 Andh LD 614. It was submitted that the word "modification" should be given a wide meaning inasmuch as in a case where a vehicle meets with an accident and the engine becomes unusable the same can in no circumstances be changed. In this connection our attention has also been drawn to the proviso appended to sub-section (3) of S. 52 of the Act.