SUREN CH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) In exercise of the referred jurisdiction vested in us on a reference being made by a Division Bench of this Court, the following two questions are required to be answered :

(2.) The present reference has been made in the following circumstances. A Division Bench of this Court in the case of Hemanta Kumar Sarma & others Vs. State of Assam & Ors., reported in (1991) 1 GLR 52 has held that the power of requisition of vehicles under Section 3 of the Assam Requisition and Control of Vehicles Act, 1968 (herein after referred to as the Act) would not extend to private vehicles and the Division Bench had, accordingly, read down the provisions of Section 3 of the Act to exclude private vehicles. Another Division Bench of this Court hearing the present writ petition having taken the view that the law laid down in Hemanta Kumar Sarma (supra) needs reconsideration, the matter has been referred to a larger Bench and that is how we are in seisin of the two questions reproduced above. This Bench, in answering the questions referred, particularly the first question, would therefore be required to deal with the-correctness of the view expressed in Hemanta Kumar Sarma (supra) in so far as the power to requisition private vehicles under Section 3 of the Act is concerned.

(3.) Before proceeding to understand and appreciate the views of the Division Bench in Hemanta Kumar Sarma (supra) and the basis on which the provisions of Section 3 of the Act were read down to exclude private vehicles from the ambit of the power of requisition under Section 3 of the Act, it may be opposite to put on record the specific provi sions of the Act which would have a relevant bearing to the instant matter. Sections 2(e), 3,4 and 5 would be relevant for the purposes of the present case and, therefore, the aforesaid provisions of the Act may be usefully extracted herein below: "2 (e) "vehicle" means any vehicle used or capable of being used for the purpose of transport of persons or goods upon roads of inland waterways, whether propelled by mechanical power or not. 3. Power to requisition vehicles. (1) If in the opinion of the State Government it is expedient so to do for purpose essential to the life or the community or for maintaining public order or for facility of public transport, it may pass an order in writing requisitioning any vehicle and may make such orders as may appear to it to be necessary or expedient in connection with such requisition.