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| Court can’t issue Mandamus writ against statutory rules: HC | | |
Early Times Report
Jammu, Oct 25: Jammu, Kashmir and Ladakh High Court has observed that the Court cannot issue a writ of Mandamus to the respondents for acting contrary to the statutory rules.
Justice Sanjeev Kumar in a petition filed by Green Valley Sumo Taxi Stand Union, observed: “It is true that the Government of Union Territory of Jammu and Kashmir is empowered to grant exemption having regard to the relevant facts and circumstances and provide reasonable time to the petitioner to have their Public Service Vehicles fitted with the requisite devices to comply with the Rule 125-H of the Central Motor Vehicles Rules, 1989. This is however, left to be determined by the Competent Authority having regard to the attending facts and circumstances. That apart, the petitioner has lost its right to invoke the extraordinary jurisdiction of this Court by being unfair and attempting to play with the process of law.”
The Green Valley Sumo Taxi Stand Union had sought directions to the respondents to grant fitness certificates to the petitioners following the mandate of Govt. orders dated 31.10.2018 and 15.01.2020 and also seeking direction to respondents to implement the order issued by Govt of India, Ministry of Roads, Transport and Highways dated 31.10.2018 with regard to fitment of Vehicle Location Tracking Devices implementation of Development, Customization and Deployment of State wise vehicle tracking platform for safety and enforcement as per the AIS-140 specifications in States/UTs dated 15.01.2020, whereby Public Service Vehicles (All four wheeled or Higher Passenger Carrying Vehicles) W.E.F 1st April, 2018 be given exemption.
Justice Sanjeev Kumar while dismissing the petition, observed that from reading of the Rule 125-H, it is clear that all Public Service Vehicles except two wheelers, three wheelers, E-Rickshaw and a Transport vehicle for which no permit is required under the Central Motor Vehicles Act, 1988, are required to be equipped with or fitted with VLTD and one or more Emergency Buttons. It is true that with a view to give sufficient time to the owners of Public Service Vehicles to comply with the provisions of the Rule 125-H and equip their vehicles with VLTD and one or more Emergency Buttons, the time line for its compliance was extended up to 1st April, 2019. This obviously was in respect of the vehicles which were registered prior to 1st of April, 2019, and were not fitted with the aforesaid devices. True it is that in terms of S.O 5454(E) dated 25th October, 2018, the Government of India in exercise of powers conferred by Clause (a) of Sub-Section 3 of Section 110 of Motor Vehicles Act, 1988, and in suppression of S.O 1663(E) dated 18th April, 2018, exempted all the Public Service Vehicles registered up to 31st day of December, 2018, up to 1st day of January, 2019, for complying with Rule 125-H and equip their vehicles with the requisite devices. It is true, by virtue of aforesaid S.O the States or Union Territory Governments, were given power to notify the date for compliance of requirement after the expiry of time period of exemptions specified in the S.O, in respect of Public Service Vehicles registered up to 31st December, 2018. However, no notification of the Government of Jammu and Kashmir, has been brought to my notice, whereby the exemption to comply with Rule 125-H has been granted by the Union Territory of Jammu and Kashmir. Rather one would find a copy of Minutes of Meeting chaired by Transport Commissioner dated 1st April, 2022, whereby in respect of "installation of Vehicle Location Tracking Devices", a decision has been taken to direct all the RTO's and ARTO's to ensure the strict compliance of S.O No. 5453(E) dated 25th October, 2018. It was also made clear that process of fitment VLTD and one or more Emergency Buttons, would be completed within a period of four months and the Public Service Vehicle owners are free to choose or install VLTD and one or more Emergency Buttons of their choice from any of the manufacturers as long as it is type approved as per the Central Motor Vehicles Rules, 1989. This decision was taken on 1st April, 2022, and four month period granted has expired on 1st August, 2022. In the absence of any further exemption granted by the Union Territory of Jammu and Kashmir, the petitioner cannot ply the Public Service Vehicles unless they are fitted with the requisite devices and are in compliance with Rule 125-H of the Central Motor Vehicles Rules, 1989. (JNF) |
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