M AKRAM Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The petitioners are owners of different categories of vehicles, registered in the State of Andhra Pradesh. In this batch of writ petitions, they assail the validity of G. O. Ms.No. 239, Transport, Road & Buildings (TR.I) Department, dated 24-11 -2006. Through the impugned G.O., the State ordained that the Light Commercial Vehicles, Goods Vehicles, Maxi Cabs (passenger vehicles), Educational Institution buses, registered in the Districts of Hyderabad, Ranga Reddy, Nalgonda and Chittoor, and such of the vehicles, though registered in other Districts, but operating in the Districts referred to above, must be fitted with speed governors, limiting the maximum speed at 65 KMs. per hour. It was also directed that the speed governors so fitted shall bear an official seal of the concerned Road Transport Authority, in such a way as not to leave any scope for tampering.

(2.) The petitioners contend that the G.O. is contrary to Rule 118 of Central Motor Vehicles Rules 1989 (for short "the Rules"), discriminatory in effect, and not supported by relevant material. They submit that Rule 118 is specific about the type of vehicles and not the regions, in which the vehicles are operated or registered. Petitioners submit that leaving aside several types of vehicles, such as, buses, maxi cabs, which are the main source of accidents, the Government has chosen three types of vehicles, without any basis, and thereby accorded discriminatory treatment.

(3.) On behalf of the State, the Joint Transport Commissioner (Planning) filed a detailed counter affidavit. After referring to the various provisions of the Act and the object underlying them, it is pleaded that the necessity to issue the GO arose, on account of the huge number of accidents that are taking place in the regions mentioned in the order. Reference is made to the statistics collected about the occurrence of accidents in various regions, over the past 5 years. While controverting the plea of writ petitioners, it is stated that the Motor Vehicles Act (for short "the Act") and the Rules made thereunder, confer ample power on the State Government, to take traffic safety and other related measures, in public interest. The plea of discrimination is controverted. The deponent of the counter affidavit has also stated that on certain aspects, which had a bearing on the implementation of the impugned GO, clarification and further directions from the government are awaited.