LAJKURA OPEN CAST PROJECT Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The present application for review of the order dated 2.8.1993 passed by this Court in O.J.C. No. 1389 of 1993 is taken up for final disposal after hearing the learned Counsel for the respective parties.

(2.) FOR proper appreciation and by way of ready reference, the order sought to be reviewed is quoted hereinbelow: In view of the pronouncement of the Supreme Court in Bolani Ores Ltd. v. State of Orissa A.I.R. 1975 S.C. 17, as well as the decision of the Supreme Court in Central Coal Fields Ltd. v. State of Orissa and Ors. reported in A.I.R. 1992 S.C. 1371, and in the absence of any material to establish that the vehicles had been manufactured for use only in the factory or enclosed premises, dumper must be held to be a motor vehicle and liable to be registered under Motor Vehicles Act. We, therefore, do not find any infirmity with the impugned decision of the Transport Authority so as to be interfered with by this Court. The writ application is dismissed accordingly.

(3.) THEREAFTER the present application for review has been filed along with an application for condonation of delay. By order dated 2.8.1995 we disposed of Misc. Case No. 34 of 1995 allowing the application for condonation of delay. - - - -