A RAFEEK Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was filed to declare the provisions of Rule 88 of the Central Motor Vehicles Rules as ultra virus of the provisions of S.81 of the Motor Vehicles Act and also as unconstitutional being violative of Arts. 14 and 19(1)(g) of the Constitution of India.

(2.) The petitioner is the owner of goods vehicle bearing registration No. APJ-9066. The vehicle was registered on 19-11-1982. National permit was granted under S. 63(10) of the Motor Vehicles Act 1939 (Act 4 of 1939) valid from 18-5-1987 to 17-5-1992. It is stated that the present authorisation is also valid up to 31-3-1992 for which period the tax was paid by the petitioner. In the meanwhile, Motor Vehicles Act 59 of 1988 came into force with effect from 1-7-1989. The National permit is governed by Rule 6 of the Rules made under the old Act 4 of 1939 (hereinafter referred to as 'old Act') i.e., National Permit Rules, 1975. The validity of the permit and the duration as well as eligibility of the vehicle for obtaining National Permit was governed by S. 53 of the old Act. Rule 6 made thereunder prescribes the age of the vehicle for being eligible to obtain permit. In the corresponding new Act, the relevant section and the Rules are S.81 and Rule 88. Section 81 is the corresponding section in the new Act for S.58 of the old Act, while Rule 88 is the corresponding Rule for Rule 6 of the old Act with a slight variation with which we are concerned in this writ petition. The writ petitioner is questioning the Rule 88 as ultra virus of S.81 of the New Act. The relevant Rule as well as S.81 in so far as they are relevant for the purpose of this writ petition are extracted below.

(3.) On the other hand, the learned Government Pleader contended that the real meaning and content of sub-rule (2) of Rule 88 is that the particular vehicle which is covered by the permit, when it completes nine years from the date of its initial registration, that permit will be deemed to be invalid so far as that vehicle is concerned. It is open to the petitioner to replace the said vehicle which completed nine years of age from the date of initial registration by another vehicle which is eligible to obtain the national permit and run the vehicle for the unexpired portion covered by the said permit.