BALBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE main question involved in this Writ Petition is whether the provisions of Rule 88 of the Central Motor Vehicles Rule's, 1989 are illegal and invalid and it is not disputed that while the petition shall succeed if the question is answered affirmatively, a negative answer would warrant dismissal of the Petition.

(2.) SECTION 59 of the Motor Vehicles Act, 1988, empowers the Central Government to prescribe age limit of motor vehicles. Rule 88 of the Central Motor Vehicles Rules, 1989 has accordingly provided that "no national permit shall be granted in respect of a goods carriage which is more than nine years old" and under Sub-Rule (2) and the explanation thereto, such period of nine years, "shall be computed from the date of initial registration of the goods carriage concerned" and the "national permit shall be deemed to be invalid from the date the vehicle covered by the permit completes nine years from the date of its initial registration" With Section 59 of the Act staring at the face authorising the Central Government to specify or prescribe age limit, it is difficult to find anything wrong in the impugned Rule 88; but Mr. Bassu, learned Counsel for the petitioner, thinks that he has found one infirmity and, in his view, the infirmity alleged by him is bad enough to in validate the Rule.

(3.) THE contention of Mr. Basu is that, even conceding that Rule 88 can be framed by the Central Government in exercise of the powers conferred by Section 59 of the Act, the Rule in_fact must be taken not to have been made in exercise of such power, as would clearly appear from the notification being No. G. S. R. 590 (E), dated 2nd June, 1 989, where under the Central Motor Vehicles Rule, 1989, have been promulgated. The relevant portion of the Notification reads thus : -