SANTLAL KHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) The only question involved in these writ petitions is whether the goods vehicles/Trucks in question are to be treated as multi-axle vehicles or the vehicles having two axle and corresponding life of such vehicles for the purpose of plying under permit.

(2.) Facts are taken from W.P. No. 1937/ 2002. The petitioner plies goods vehicle No. MP-19-3111 covered under the National Permit No. 494/89. Petitioner submitted that the petitioner is entitled to ply the goods vehicle In question till completion of 15 years of age as provided in Rule 88 (2) of the Central Motor-Vehicles Rules as the vehicle is having more than two axles and is a multi-axle vehicle. Registration certificate P/l of the Truck indicates that the vehicle is registered within the category of heavy goods vehicle. Permit P/2 of vehicle is valid up to 30-6-2004. While granting renewal of the above permit a condition 'was imposed that on completion of 12 years' period in respect of above vehicle petitioner is required to replace the vehicle. This condition was imposed as per Section 88 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act). The period of 12 years has expired on 17-1-2001.

(3.) It is averred by the petitioner that under sub-rule (3) of Rule 88 of the Rules, a national permit shall be deemed to be "invalid" from the date on which a goods carriage covered by the permit complete "fifteen years in case of a multi-axle goods carriage and "twelve years where the vehicle is other than a multi-axle goods carriage", unless such goods carriage is replaced. Petitioner submits that the heavy goods vehicle of the petitioner is multi-axle goods carriage inasmuch as it has two front-axle and two rear-axle and therefore, it qualifies for the age of 15 years as per sub-rule (3) of Rule 88 of the Central Motor Vehicle Rules, 1989. Petitioner, is thus entitled to ply the vehicle till 30-6-2004 or till it completes 15 years age from the date of its registration. The petitioner's vehicle in question completes 15 years of age from the date of registration on 17-4-2005.