UJJAL TRANSPORT AGENCY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The question to be answered in this petition is whether dumpers, a heavy earth moving vehicle ordinarily used for removing overburdens, are vehicle within the meaning of Section 2(18) of the Motor Vehicles Act, 1988, hereinafter referred to as the 'Act'.

(2.) The petitioner has challenged the direction given by the District Transport Officer, Tinsukia requiring him to get their dumpers registered on payment of taxes and fees as per provisions of law. This direction was communicated by the letter dated 24.7.1996 which reads as follows :

(3.) The above direction of the District Transport Officer, Tinsukia has been challenged in this petition. The petitioner firm purchased two "dumpers" having 25 MT capacity for the purpose of excavation and transportation of overburdens at Tekok and Tirap mines belonging to M/s North Eastern Coal Fields. The 'dumpers' are heavy earth moving equipment meant for removal of overburdens in mines and particularly, in open cast mines. These are of special type and Odd dimensions adapted for use in the open cast mines only. The 'dumpers' not being roadworthy are transported from one place to another on board of big trailers attached to trucks. The two dumpers in question let out to M/s North Eastern Coal Fields were exclusively meant for removal of overburdens within the enclosed premises of the mining areas. According to the petitioner, the Dumpers cannot be treated as "Motor Vehicles" or "Vehicles" within the meaning of Section 2 (18) of the Motor Vehicles Act.