GOURI DANDASENA, SARPANCH, MAHULPALI G P AND OTHERS Vs. STATE OF ODISHA, REPRESENTED THROUGH SECRETARY, DEPARTMENT OF TRANSPORT AND OTHERS

JUDGEMENT

(1.) Since both the writ petitions arise out of common cause of action and raise common question of law, they are being taken up together and are disposed of by this common judgment.

(2.) The conspectus of the case of the petitioners' are that the petitioners in W.P.(C) No.19933 of 2016 are Sarpanchs of 26 different Gram Panchayats of three blocks in the district of Sundergarh and they used the public road MDR Road-27 of the said district from Bankibahal to Sundergarh, but due to plying of the multi-axle vehicles (18 to 22 wheelers), the condition of the road became worsen and the people of these panchayats felt inconvenience to use such road.

(3.) It is alleged inter alia that on 14.10.2015, the villagers of these Panchayats made representation to the Collector, Sundergarh and simultaneously they agitated the matter before the Secretary to Government in Commerce and Transport Department. On 17.10.2015, the Chief Engineer D.P.I. Road, basing on the report of the Superintendent Engineer, wrote a letter to the Secretary to Government, Works Department that the existing road is deficient to sustain plying of 18 to 22 wheelers and suggested that there should be restriction on multi-axle vehicles. Then, the Secretary to Government, Works Department called for a report from the concerned employees of Works Department and on 19.10.2015, Works Department requested the Collector to pass appropriate order under Section 115 of the Motor Vehicles Act, 1988 (hereinafter called "the Act, 1988") restricting the movement of multi-axle vehicles. At the same time, on 05.09.2013, the Collector deferred the introduction of multi-axle vehicles till opening of new mines under MCL because the MCL was utilizing the road for transportation of coal.