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SANJAY KAROL, S. KUMAR
Bihar Truck Owner Association Having Its Office At Shiv Puram Road No. -1, Vijay Nagar Rukunpura, Bailey Road, Patna – Appellant
Versus
State Of Bihar Through The Chief Secretary, Old Secretariat Government of Bihar, Patna – Respondent
JUDGMENT :
Sanjay Karol, J.
The instant petitions, in terms of the directions issued by Hon’ble the Supreme Court, were heard on priority basis.
The following issues arise for consideration before this Court:-
(ii) Is the impugned notification prohibiting the carriage of goods confined only to sand and stone chips on certain specified vehicles so arbitrary and unreasonable that it cannot be sustained?
(iii) What is the nature, ambit and scope of Article 301 of the Constitution of India? Whether the power enumerated under Section 115 of the Motor Vehicles Act, 1988 are wide enough to impose a complete ban on intra and inter-state traffic with vehicles having 14 wheels or above?
(iv) Whether the State possesses the legislative competence to restrict the use of National Highways?
(v) Whether the impugned notification qualifies the requirement of reasonable restriction under Article 19 of the Constitution of India?
(vi) Whether the State can in pursuance of public safety issue direction on an issue upon which the Central Government has already done so?
Prayer/Relief
2
State authorities cannot impose restrictions on National Highways as this power is vested exclusively with the Central Government.
The amendment to include trailers and semi-trailers under the definition of motor vehicles is valid, as trailers are defined as motor vehicles under the Motor Vehicles Act, 1988.
The tax imposed under Section 3A(3) of the 1972 Act is regulatory in character and is not a penalty.
The court reaffirmed that if a route is legally declared a notified route, state transport services maintain exclusive rights to operate, precluding permits for private operators.
The competence of the Central Government to issue notifications under Section 88 of the MV Act for tourist vehicles and the competence of the State Government to lay down rules for the uniform to be ....
The Inter-State Transport Commission has jurisdiction over disputes arising from transport operations on inter-State routes, requiring permits for commercial entities.
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