RATANLAL BAID Vs. STATE OF MIZORAM

JUDGEMENT

(1.) In all these Civil Rules levy of composite fee by the Govt. of Mizoram under notification dated 21.3.95 is under challenge, particularly on three grounds:

(2.) Before we go further let us have a look at Section 88(9) of the Motor Vehicles Act. 1988. Section 88(9) :

(3.) Secflion 88(9) as quoted above particularly employers State Transport Authority to grant permits in respect of various vehicles either valid for the whole of India or in such contiguous states and not less than three in number including the state in which the permit is issued. The power of State Transport Authority is subject to sub-section 14 of Section 88. Sub-section 14 enable the Central Govt. to make Rules for carrying out the provisions of Section 88. Sub-section 14 of Section 88, (a)(b) and (1) are quoted below: