ASOKE CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was as follows : Challenging the Notification No. 2044-WT/3M-18/2005 dated 26th April, 2005 whereby and whereunder West Bengal Motor Vehicles Rules, 1989 was modified so far as colour scheme is concerned by Amendment Rule being West Bengal Motor Vehicles (Second Amendment) Rules, 2005 on inserting Rule 88B in the West Bengal Motor Vehicles Rules, 1989 empowering the State Government to fix different colour schemes for different types of passenger transport vehicles and challenging the Notification No. 2076-WT/3M-177/04PT dated 27lh April, 2005 issued by the Principal Secretary to the Government of West Bengal, Transport Department whereby and whereunder it is provided that no permit should be granted and/or no replacement of the vehicles/change of address/transfer of ownership of vehicle should be allowed in respect of the types of the vehicle mentioned thereto, namely, the stage carriages plying under respective permits issued by State Transport Authority, West Bengal or by the Regional Transport Authority, unless the prescribed colours as mentioned in the said notification are being followed, all these writ applications have been filed by the respective permit holders of different stage carriages issued by the appropriate authority, namely, either by State Transport Authority or Regional Transport Authority as the case may be.

(2.) The ground of challenge is on the point that the State Government had no power under the West Bengal Motor Vehicles Act, 1988 to amend the rule for fixing a particular colour scheme as has been intended to be done by Rule 88B of the West Bengal Motor Vehicles Rules, 1989 and as such due to the legislative incompetency the notifications impugned being dated 26th April, 2005 and 27th April, 2005 respectively, both are of without jurisdiction and as such liable to be quashed.

(3.) To appreciate the argument as advanced, the relevant provision of the statute is required to be looked into to test whether the West Bengal Legislature has the jurisdiction to prescribe particular colour scheme in respect of stage carriage and/or contract carriage as are plying in different routes within the State of West Bengal and/or outside of the West Bengal in terms of the permit issued by the State Transport Authority or Regional Transport Authority respectively. The impugned notifications, namely, amendment of West Bengal Motor Vehicles Rules, 1989 for the purpose of inserting Rule 88B and the colour scheme as prescribed on exercise of the power under said Amended Rule 88B in terms of the notification impugned reads such : "GOVERNMENT OF WEST BENGAL TRANSPORT DEPARTMENT WRITERS'BUILDINGS, KOLKATA-700001. NOTIFICATION No. 2044-WT/3M-18/2005. Date the 26th April, 2005. WHEREAS a notification on draft amendments was published in the Kolkata Gazette dated the 4th April, 2005. AND WHEREAS no objection and suggestion have been received with respect to the said draft amendments by the Transport Department within the stipulated period of fifteen days from the date of publications of the draft amendments in the Kolkata Gazette. NOW, THEREFORE, in exercise of the powers conferred by section 28, 38, 65, 96, 107, 111, 138, 159 and 176 read with section 211 of the Motor Vehicles Act, 1988 (59 of 1988), the following amendments in the West Bengal Motor Vehicles Rules, 1989 are hereby published as required under section 212 of the said Motor Vehicles Act, 1988. Amendment 1. (1) These rules may be called the West Bengal Motor Vehicles (Second Amendment) Rules, 2005. (2) These rules shall come into force on the date of their final publication in the Official Gazette. 2. In the said rules: (1) After rule 88A, insert the following rule :