SURAKSHA FOUNDATION Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) The genesis of these proceedings filed in public interest lies in two orders dated 18.12.2008 and dated 22.07.2009 passed in CWP-15085-2007 and CWP-15081-2007 by a Division Bench of this Court vide which the State Governments were directed to notify a mechanism restricting the maximum speed of medium or heavy goods vehicle or passenger motor vehicle in compliance to Rule 118 of the Central Motor Vehicles Rules, 1989. Certain other directions were also issued.

(2.) Since the authorities were reluctant to give effect the above-stated directions that the matter was placed before this Special Bench for monitoring the compliance. This Court was further apprised of the fact that several States like Karnataka and Kerala though have formulated schemes for installation of speed governors but the States of Haryana & Punjab are keeping the matter under carpet. This Court thus took cognizance of such averments and passed several orders from time to time to sensitize the State Governments for installation of speed governors.

(3.) While awaiting compliance of the directions issued through several orders, we were informed that the Central Government was contemplating to amend and re-modulate Rule 118 of the 1989 Rules. The draft Notification was also placed on record. The matter was thereafter adjourned to await the final notification along with the details of objections, if any, submitted by different stake-holders against the proposed notifications.