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Andhra High Court · body

2007 DIGILAW 204 (AP)

Jayashree Transport Company v. Government Of A. P.

2007-02-27

L.NARASIMHA REDDY

body2007
JUDGMENT :-The petitioner is the owner of 6 Goods Transport Vehicles, registered in the State of Haryana. The vehicles are said to be covered by National Permits; with Andhra Pradesh, as one of the named States. It is stated that the vehicles are utilized mostly for transport of steel from Visakhapatnam Steel Plant to other places, in heavy loads. According to the petitioner, the gross weight for each vehicle is entered as 49,000 kgs., in the relevant certificates of registration, and despite the same, the respondents have seized the vehicles by taking the view, that the vehicles have been carrying load in excess of 35,200 kgs. It is complained that, on number of occasions, the vehicles were seized on the grounds of overweight, though it was less than 49,000 kgs. The petitioner seeks a declaration to the effect that the vehicles mentioned in the writ petition, are entitled to carry the load of 49,000 kgs. 2. On behalf of the respondents, a counter-affidavit is filed. It is stated that, as per the specifications under the Motor Vehicles Act (for short the Act); the Rules made, and Notifications issued thereunder, each vehicle of the petitioner can carry the weight of 35,200 kgs. It is their case that the petitioner had added an axle, with four tyres, to each vehicle, unauthorisedly, and contrary to the specifications of the manufacturer. Respondents state that even according to the correspondence, that preceded, the registration of the vehicles, refers to, Notification No.728 (E), dated 18-10-1996 and the registering authority made entries contrary to purport of the said notification. They plead that an entry made in the registration certificate contrary to the provisions of the Act, Rules and Notifications, does not confer any right on the petitioner. 3. Sri T. Rajendra Prasad, learned Counsel for the petitioner, submits that, once a vehicle is registered in accordance with the relevant provisions, all the authorities functioning under the Act are required to respect the registration certificate and the entries made therein. He contends that the registering authority in the State of Haryana, examined the relevant provisions, and ultimately registered the vehicles, permitting them to carry the weight of 49,000 kgs., and if the understanding of the respondents is different in this regard, the only course open to them is, to take up the matter with the concerned registering authority. He contends that the registering authority in the State of Haryana, examined the relevant provisions, and ultimately registered the vehicles, permitting them to carry the weight of 49,000 kgs., and if the understanding of the respondents is different in this regard, the only course open to them is, to take up the matter with the concerned registering authority. He submits that the frequent seizure of the vehicles, even when they carry the permitted load; has resulted in serious dislocation of the business and loss to the petitioner. 4. Learned Government Pleader for Transport, on the other hand, submits that whenever a vehicle is manufactured, in accordance with the specifications approved by the competent authority, the registration must be, only with reference to such specifications. He contends that, when the vehicles are purchased by the petitioner, their permitted gross weight is 35,200 kgs., and after the purchase, the petitioner, on its own accord, added one axle with four tyres to the vehicles. He submits that such a course is totally impermissible and in derogation of the provisions of the Act and the Rules. Learned Government Pleader further contends that such improvised additions and alterations would lead to read hazards, and would threaten the safety of the roads and their users. He submits that the contention of the petitioner is not supported by the orders passed by the Government of India, upon which, reliance was placed by registering and other authorities. 5. The Motor Vehicles Act, is a comprehensive enactment, dealing with several aspects of use of motor vehicles, such as registration of vehicles, grant of permits, imposition of tax, settlement of claims, arising out of accidents etc. The Act is enacted by the Parliament, but the implementation part of it, is entrusted to the authorities, of the respective States, on several vital aspects. Chapter IV of the Act, comprising of Sections 39 to 65; deals with the registration of the motor vehicles. Section 39 contains a prohibition against use of vehicle without registration. Section 40 mandates that, the vehicle shall be registered with the registering authority, in whose jurisdiction the owner of the vehicle resides, or has a place of business. Section 41 prescribes the procedure to be adopted in the course of registration. It provides for, making entry of different particulars, and specifications of the vehicle in the registration certificate. The relevant Rules and prescribed forms, elaborate this requirement. Section 41 prescribes the procedure to be adopted in the course of registration. It provides for, making entry of different particulars, and specifications of the vehicle in the registration certificate. The relevant Rules and prescribed forms, elaborate this requirement. Section 46 mandates that, the registration of a vehicle once made, it shall be effective through out India. It reads as under: Section 46: "Effectiveness in India of registration:-Subject to the provisions of Section 47, a motor vehicle registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout India". 6. Section 58 ordains the nature of entries that are required to be made in respect of transport vehicles. Particulars of unladen weight, number, nature and size of tyres, gross vehicle weight, etc., are required to be entered in the certificates of registration. It is apt to refer to the said provision: Section 58: Special provisions in regard to transport vehicles:-(1) The Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle (other than a motorcab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relating to each make and model of a transport vehicle, the [maximum gross vehicle weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle. (2) A registering authority, when registering a transport vehicle, other than a motorcab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely: (a) the unladen weight of the vehicle; (b) the number, nature and size of the tyres attached to each wheel; (c) the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof; and (d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle. (3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub-section (1) in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels; Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modification as may be specified in the order (4) [xxxx] (5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub-section (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority". 7. After purchase of the vehicles, the petitioner approached the concerned Registering Authority, as well as the Transport Commissioner. The copies of correspondence enclosed by the petitioner disclose that it had added one axle to each vehicle with four tyres, and requested the authorities to enter the gross vehicle weight as 49,000 kgs. The Transport Commissioner of State of Haryana, in his letter dated 17-9-2003, made reference to various provisions of the Act, and a notification dated 18-10-1996, issued by the Government of India, but did not indicate any decision of his, in this regard. The registering authority was directed to take necessary action. The request of the petitioner was acceded to, and entries were made accordingly, while registering the vehicles. 8. The vehicles are being operated in the State of Andhra Pradesh, for transporting steel from Visakhapatnam Steel Plant. On several occasions, they were seized and levied penalty for overloading. The relevant check reports disclose that the vehicles were carrying load, below 49,000 kgs. However, by taking the view that, according to the specifications of the vehicles, their gross weight cannot exceed 35,200 kgs; penalties were levied for the weight, over and above that figure. 9. On several occasions, they were seized and levied penalty for overloading. The relevant check reports disclose that the vehicles were carrying load, below 49,000 kgs. However, by taking the view that, according to the specifications of the vehicles, their gross weight cannot exceed 35,200 kgs; penalties were levied for the weight, over and above that figure. 9. The validity given to a registration, through out the country, under Section 46, is not without any significance. Since the vehicles move extensively, in the country, the registration cannot be confined to the place, at which it was registered. Once a vehicle is registered by a competent authority, such registration must be honoured, in all respects. Some times, it may emerge, that the registration, effected by an authority, is defective, in one respect or the other; or is contrary to the Act or the Rules made thereunder. If the authority, which registered the vehicle, notices the same, it can take corrective steps, in accordance with law. Where a different registering authority comes to the conclusion that the registration is defective, it has to bring the same to the notice of the authority, which registered the vehicle. If each registering authority acts according to its own understanding of the provisions, in relation to a vehicle, it becomes almost impossible, for a vehicle, to move from place to place. Totally different things ensue, where the lapses noticed by the registering authorities, relate to violation of terms and conditions of registration, or compliance with the provisions of the Act and the Rules. 10. On its understanding of the provisions of the Act and Rules, the Registering Authority, in the State of Haryana (DTO Faridabad), made an entry in the registration certificates of the vehicles of the petitioner, to the effect that the gross vehicle weight, as 49,000 kgs. The registration certificates, together with the entries are binding on all the authorities, as provided for under Section 46. If the respondents are of the view that the said entries ought not to have been made, the course open to them was, to take the matter to the notice of the registering authority, and if necessary, to the notice of the Central Government, of the relevant department. If the respondents are of the view that the said entries ought not to have been made, the course open to them was, to take the matter to the notice of the registering authority, and if necessary, to the notice of the Central Government, of the relevant department. Seizure of the vehicle on the ground of overloading, even though it is within the limits specified in the registration certificate, in a way, amounts to violation of Section 46 of the Act. An authority, which is supposed to enforce the provisions of the Act, cannot be permitted to violate the same. 11. The Parliament did contemplate the situation, where the registration certificates issued by one authority need to be dealt with by authorities of same status, in other parts of the country. In addition to the power to take the inaccuracy, or impropriety of an entry in the registration certificate to the notice of the concerned authority, the registering authority, other than the one, who registered the vehicle, is conferred with another specific power under Section 53 of the Act. It reads as under: Section 53: Suspension of registration:-(1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction- (a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or (b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle- (i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and (ii) in any case falling under clause (b), for a period not exceeding four months. (2) An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefore to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. (2) An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefore to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. (3) Where the registration of a motor vehicle has been suspended under sub-section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration. (5) A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescinded and not before". 12. The section is self-explanatory. The authority is conferred with the power to suspend the licence, if it is found that the requirements of the Act and the Rules made thereunder, are not complied with. The various steps mentioned therein, ensure comity in functioning, and working in tandem, of the registering authorities, in different parts of the country. It provides for immediate action by the authority, which notices the violation as well as communication of the same to the registering authority, so that necessary corrective steps can be taken. This Court is of the view that the respondents ought to have taken the recourse to any of the methods, indicated above, than to seize the vehicles of the petitioner, even though they were carrying the weight within the limits specified under the registration certificate. 13. For the foregoing reasons, the writ petition is allowed, as prayed for, subject, however to the condition that it shall be open to the respondents to inform their point of view of the gross vehicle weight, of the vehicles of the petitioner, to the concerned Registering Authority, or to have recourse to Section 53 of the Act. 14. There shall be no order as to costs.