Judgment :

In pursuance of our earlier order dated 6.2.2012, Mr. H.P. Raval, learned Additional Solicitor General has produced the circulars issued by the Ministry of Shipping, Road Transport and Highways dated 26th July, 2007 and various other documents issuing instructions to all State transport authorities clarifying that the Jugaad falls within the definition of Motor Vehicle as defined under Section 2(28) of the Motor Vehicles Act, 1988 and all the States are under legal obligation to enforce the same. Thus, no person should be permitted to ply a Jugaad as it violates all the provisions of the Motor Vehicles Act, forthe reason that it does not have any registration with the transport authority nor it is ensured and the driver may not even have a driving licence in some cases. In case of accident etc., the liability under the provisions of the Motor Vehicles Act may not be properly enforced.

It has been pointed out by Mr. Raval, learned ASG that most of the State authorities have not enforced the said circular or clarification made by the Central Government.

In view of the above, the Court suo-moto impleads all the States through the respective Transport Secretary/Commissioner as the party respondents. Rajasthan State Road Transport Corporation may serve a copy of the petition upon all Standing counsel of the States. They may take instructions within four weeks and produce any circular issued by the Transport Authority of that State before this Court.

List this matter immediately on re-opening after the summer vacation.