The impugned proviso, insofar as it deals with vehicles registered on or after 01.10.2015, is ultra vires the powers of the respondent/Government of NCT of Delhi, and is hereby quashed.

JUDGMENT

Prateek Jalan, J. - The petitioner has filed the present writ petition challenging the legality of a notification issued by the Government of NCT of Delhi [respondent no.1 herein] wherein provisions have been made for transport vehicles of various categories to be equipped with speed governors of the specifications set out therein. The said notification, bearing no. F.No.MLO(VIU)/TPT/2017/165/315 dated 17.07.2018 ("the impugned notification"), has purportedly been issued in exercise of powers conferred by Rule 118(2) of the Central Motor Vehicles Rules, 1989 ("the Rules") and Section 2(41) of the Motor Vehicles Act, 1988 ("the Act").

Facts

2. The petitioner is a dealer in motor vehicles, particularly those manufactured by Maruti Suzuki India Limited. These include the models Maruti Suzuki Omni Cargo, EECO Cargo, and Super Carry, which are classified as light goods vehicles. According to the petitioner, it has been unable to register the said vehicles in Delhi due to the restrictions laid down in the impugned notification.

3. As far as the present petition is concerned, the petitioner claims that the vehicles have been verified and specified by an authorized testing agency to have a rated speed of not more than 80 kilometres per hour ("kmph"). The present petition does not concern vehicles registered prior to 01.10.2015.

Provisions of the Act and Rules

4. Section 2(41) of the Act and Rule 118(2) of the Rules have been cited as the statutory basis for issuance of the impugned notification.

5. Section 2(41) of the Act provides for the definition of the term "State Government" in relation to a Union Territory. It reads as follows:

"State Government, in relation to a Union Territory means the administrator thereof appointed under article 239 of the Constitution".

6. Rule 118 of the Rules framed by the Central Government, pursuant to the provisions of the Act, deals with installation of speed governors. Rule 118, as substituted by an amendment dated 15.04.2015, reads as follows:-

"118. Speed governor.- (1) Every transport vehicle notified by the Central Government under sub-section (4) of section 41 of the Motor Vehicles Act, 1988 (59 of 1988), save as provided herein, and manufactured on or after the 1st October, 2015 shall be equipped or fitted by the vehicle manufacturer, either in the manufacturing stage or at the dealership stage, with a speed governor (speed limiting device or speed limiting function) having maximum pre-set speed of 80 kilometre per hour conforming to the Standard AIS 018/2001, as amended from time to time:

Provided further that the transport vehicles that are-

(i) two wheelers;

(ii) three wheelers;

(iii) quadricycles;

(iv) four wheeled and used for carriage of passengers and their luggage, with seating capacity not exceeding eight passengers in addition to driver seat (M1 Category) and not exceeding 3500 kilogram gross vehicle weight;

(v) fire tenders;

(vi) ambulances;

(vii) police vehicles;

(viii) verified and certified by a testing agency specified in rule 126 to have maximum rated speed of not more than 80 kilometer per hour,

shall not be required to be equipped or fitted with speed governor (speed limiting device or speed limiting function):

Provided further that the transport vehicles manufactured on or after 1st October, 2015 that are dumpers, tankers, school buses, those carrying hazardous goods or any other category of vehicle, as may be specified by the Central Government by notification in the Official Gazette from time to time, shall be equipped or fitted by the vehicle manufacturer, either in the manufacturing stage or at the dealership stage, with a speed governor (speed limiting device or speed limiting function) having maximum speed of 60 kilometer per hour conforming to the Standard AIS 018/2001, as amended from time to time.

(2) The State Government shall, by notification in the Official Gazette, specify on or before 1st October, 2015, the categories of transport vehicles registered p