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2003 DIGILAW 110 (GAU)

Ch. Ibomcha Singh v. State of Manipur

2003-03-12

H.K.K.SINGH

body2003
ORDER H.K.K. Singh, J. 1. Heard Mr. H.S. Paonam, learned counsel for the petitioners, Mr. Kh. Nimaichand, learned Government Advocate for the State respondents as well as Mr. Ng. Premkumar Singh, learned counsel appearing on behalf of respondent No. 3. 2. The petitioners' society which is a registered body under the Manipur Co-Operative Society Act, 1976 has challenged the legality and validity of the order dated 16th December, 2002 (Annexure-A/14) passed under Section 115/117 of the Motor Vehicles Act, 1988 (hereinafter the 'Act') regulating the route and indicating the parking place of certain vehicles belonging to the members of the petitioners' society. 3. In the course of hearing, learned counsel on both sides have submitted for disposal of the entire writ petition today itself on the basis of the materials available before the Court. 4. As submitted by the learned counsel for the parties and on considering the nature of the case which may be decided on technical points, I propose to dispose of the writ petition today, 5. For convenience the impugned order dated 16th December, 2002 is reproduced below : "ORDERS Imphal, the 16th Dec., 2002. No. DT/4/2/TRPC/2002 (Pt. II) : In partial modification of this Directorate order No. DT/4/2/TRPC/2000 (Pt. I) dated 8.9.2000, I Shri T. Sitlhou, Director (Transport) Manipur in exercise of the powers conferred upon me Under Section 115/117 of the MV Act, 88 hereby order that the Langol Lairembi Jeep Taxi Tpt, CS Letd is allowed to operate Jeep Taxi Service up to National Gomes Village from the existing parking facility in front of Uripok Session Court Complex via Uripok Canteen Road, RIMS Gate, Lamphel P.S. Langol Road and back with immediate effect and until further order. Sd/- T. Sitlhou, Director (Transport), Govt. of Manipur." 6. For convenience, Sections 115 & 117 of the Act is reproduced below : "115. Power to restrict the use of vehicles. Sd/- T. Sitlhou, Director (Transport), Govt. of Manipur." 6. For convenience, Sections 115 & 117 of the Act is reproduced below : "115. Power to restrict the use of vehicles. The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under Section 116 at suitable places : Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction." 117. Parking places and halting stations. The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers." 7. From the above, it is clear that Sections 115 and 117 of the Act confers certain powers upon the State Government or other Authority/Authorities to restrict the use of vehicles and also to indicate parking place and halting stations and the above notification at Annexure-A/14 which has been passed under Section 115/117 of the Act modifies the earlier order dated 8.9.2000 in the matter of operation of certain Jeep Taxi Services of Langol Lairembi Taxi Transport C.S. Ltd. 8. It is the settled principle of law that if a power is conferred by a Statue upon the State or any other authority, particularly in the matter of restricting the fundamental freedom or any other right of the citizen and the Statue itself prescribes the procedure for the exercise of that power, such power can only be exercised the manner prescribed by law. If the power so conferred by the law is exercised without following the procedure prescribed by law, the action of the authority is ultra vires. In our present case some restriction has been imposed upon certain vehicles in the matter of plying of Taxi Service over certain routes, thus, such restriction can only be done by following the provisions prescribed Under Section 115 of the Act. In the present case it has been admitted by the learned counsel on both sides that no Gazette notification has been made with regard to the aforesaid impugned order at Annexure-A/14. Thus, I have no hesitation to come to the conclusion that the notification at Annexure-A/14 shall have no legal effect. In other words, the same may not be given effect to. Again, regarding the exercise of the power Under Section 117 also such power, determining parking and halting places can only be made in consultation with the local authority having jurisdiction in the area concerned and regarding this also nothing is mentioned in the notification itself regarding the consultation with the local authority. 9. At the time of hearing, learned counsel for the respondents have submitted that some exercise have been made by the State authorities in this regard and my attention was drawn to Annexure-A/16 in which the matter is found to have been discussed as Agenda No. 9 If that be so, it is proper for the authorities to regulate the matter in accordance with the provisions contained under Sections 115 and 117 of the Act. 10. Accordingly writ petition is allowed and the impugned order dated 16.12.2002 (Annexure-A/14) shall, not be given effect to. Petition is disposed of.