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2014 DIGILAW 268 (UTT)

AUTO RICKSHAW VIKRAM UNION v. STATE TRANSPORT AUTHORITY

2014-06-30

ALOK SINGH

body2014
JUDGMENT Hon’ble Alok Singh, J (Oral). Present petition is filed assailing the order dated 18.11.2008 (Annexure No. 2 to the writ petition) passed by State Transport Authority, Uttarakhand whereby maximum age of diesel and petrol auto rickshaws is fixed 10-year and 12-year respectively. 2. Section 59 of the Motor Vehicle Act, 1988 reads as under: “59 - Power to fix the age limit of motor vehicle (1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder: Provided that the Central Government may specify different ages for different classes or different types of motor vehicles. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section (1) for the purpose to be stated in the notification. (3) Notwithstanding anything contained in section 56, no prescribed authority or authorized testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-section (1).” 3. As per mandate of Section 59 of the Act, only the Central Government is competent by issuing notification in the official gazette to specify the life of a motor vehicle reckoned from the date of its manufacture. 4. On being asked repeatedly, Mr. Anil Kumar Joshi, Addl. CSC for the State of Uttarakhand, could not show any provision whereunder the State Transport Authority is competent to issue general direction to specify the life of a motor vehicle reckoned from the date of its manufacture, therefore, impugned order does not sustain in the eyes of law. 5. Writ petition is allowed. Impugned order is hereby quashed. 6. CLMA Nos. 702 and 8300 of 2009 stand disposed of.