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2002 Supreme(Del) 1184

High Court Of Delhi
D.R.THADANI - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 1646 of 2002
Decided On : 08/16/2002

Advocates Appeared:
Jayant Bhushan, V.K.Tandon

Headnote:Motor Vehicle Rules, 1989 - Rule 50 — Fixation of security registration/Number plates with security system — Amended rule is that nobody would be able to change the registration/number plates or the same cannot be tampered with — Fixation of high security registration/number plates with security system not beyond the rule-making power of the Central Government — Motor Vehicle Act, 1988, Section 41 (4), 64.

       Held :

       The purport and object of the amendment in the Rules is that nobody would be able to change the registration/number plates or the same cannot be tampered with and new high security registration/number plates fixed in the cars cannot be removed from the vehicles.

       The impugned Rule seek to take into account all precautions, which the Executive found it necessary for fulfillling the object of the said Act, and thus, no exception thereto can be taken.

       It is further not correct to contend that by reason of the said amended Rule, not much time has been granted to the owners of the cars to change registration/number plates. The registration/number plates in terms of the said notification can be fixed in the new vehicles up to 30.6.2002 whereas two years further lime had been granted for replacement of the registration/number plates for old vehicles.

       No case has been made out for issuance of a Writ of Mandamus as has prayed for, particularly as by reason of the present writ petition no public purpose will be subserved.

S. B. SINHA

( 1 ) THE petitioner is an Advocate of this Court. He has filed this writ petition claiming inter alia following reliefs :-

"keeping in view the above facts and circumstances, it is necessary that this hon ble Court may issue such appropriate writs, Orders and/or Directions as may be necessary and the Petitioner therefor prays that this Hon ble Court be pleased to ;- a. Issue a Writ of Mandamus or any other appropriate writ, order and/or directions, directing the Public Servants in general and in this case, the Respondent No. 1 in particular to do their duty properly as Public servants, and to issue further orders and/or directions that the Public servants are duty bound, to accept all the communications addressed to them in their official capacityb. To issue an appropriate writ, orders and/or directions that in case the new system and/or, are to be manufactured by any specified companies, then, in that case, it will not be possible for 10 lac vehicle owners in Delhi to be provided with such security system number plates by specified dates i. e. 30. 06. 2000 in such an event the respondents shall extend the said time to a reasonable date and further direct the respondents that companies may be specified immediately and all the further particulars be notified, giving a reasonable time to the owners of vehicles to in regard to the allotment of the registration marks and numbers comply with the same. C. The Registration Authorities (Respondent No. 3 SB 4) be called upon to immediately act in accordance with law and take necessary action as per their public notice as published in the Hindustan Times dated 2. 3. 2001 and as contained in Annexure a to this Petition. This Hon ble Court may pass any other appropriate orders and/or give directions to give more effective relief to the public at large. "

( 2 ) AT the outset, however, Mr. Thadani categorically stated that the prayer as regard having different types of registration number plates in terms of the colour in the cars has become infructuous. The contention of the petitioner is that the matter relating to fixation of high security registration/number plates with security system is beyond the rule-making power of the central Government. According to the petitioner, the provisions of the Motor vehicles Act, 1988 ( in short, the said Act ) do not envisage that there should be a separate registration/number plate having regard to the security aspect of the matter. It was contended that safety of a car as contra-distinguished from safety of the owner thereof is not envisaged in the Act.

( 3 ) DRAWING our attention to the provisions of Section 27 of the said Act, the petitioner would contend that the Central government does not have any power whatsoever to issue the impugned order. It was further submitted that not only the time granted therefor is short even in relation to new vehicles the said registration/number plates are not being fitted. According to the petitioner, the amount required to be spent for the said purpose being about Rs. 40,000/- crores, the same must be held to be against the public policy.

( 4 ) MR. Jayant Bhushan, the learned counsel appearing on behalf of the respondent No. 1, on the other hand, would submit that it is not correct to contend that sufficient time had not been given for change of registration/number plates. Learned counsel in this connection has drawn our attention to the following statement made in the counter affidavit :- that in reply to para 2. c and d it is submitted that the rationale for changing over to a new colour scheme, namely, black letters on yellow background for transport vehicles and black letters on white background for other vehicles was to ensure better reflectivity and visibility of number plates, as also to conform to the international practice in this regard. A reasonable transition period of two years for the large number of existing vehicles owners in the country has been provided to change over to the high sec

























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