B.D. Agarwal, J.

1. This writ appeal is directed against the judgment and order dated 11.04.2011 passed by the learned Single Judge in WP (C) (SH) 42 of 2011. By this impugned judgment the learned Single Judge has affirmed the Notification dated 11.02.2011 passed by the Government of Meghalaya, Transport Department, restricting the body height of coal laden trucks to a maximum height of 1 metre from the surface on which the body rests. In other words, after affirming the aforesaid notification the writ petition has been dismissed. Hence, this appeal is at the instance of the writ petitioners.

2. Heard Mr. S.Sen, the learned counsel for the petitioner and Mr. K. S. Kynjing, the learned Advocate General assisted by Mr. N. D. Chullai, learned senior GA, for the State of Meghalaya. With the consent of learned counsel for both the sides the appeal is being disposed of at the admission stage itself.

3. We have also perused the impugned judgment and also the pleadings of both the parties.

4. For effective disposal of the writ appeal it is necessary to reproduce the impugned Notification dated 11.02.2011 in extenso, which is as under:-

GOVERNMENT OF MEGHALAYA

TRANSPORT DEPARTMENT

NOTIFICATION

Dated Shillong the 11th February, 2011 No. TPT. 123/2008/214 - In pursuance of the Supreme Court Order dated 09.11.2005 in WP (C) 136 of 2003 read with order dated 06.12.2010 and to ensure compliance of all trucks especially coal carrying trucks plying in the State of Meghalaya with the stipulations of the Order of Supreme Court for trucks of 16.2 GVW with two axles to carry a load of about 9 MT, the State Government hereby stipulates under Section 113(10) of the Motor Vehicle Act, 1988 that all coal carrying trucks with this, specification shall have a body height restricted to a maximum of 1 metre, measured from the surface of which the body rests, while plying within the State of Meghalaya.

Further, the State Government under Section 113(1) Motor Vehicle Act, 1988 prohibits entry and plying of such coal carrying vehicles within Meghalaya along the NH 44 Shillong-Jowai-Malidar, NH 44E Nongstoin-Shillong, NH 40 Gauhati- Shillong, NH 62 Dudnoi-Bhagmara-Dalu and the state highway from Nongstoin-Tura via Shillong, that do not conform to the body height restriction of 1 metre as referred to above.

This Notification shall take effect from the 22nd February 2011.

Sd/-

Principal Secretary to the Government of Meghalaya, Transport Department.

5. While dismissing the writ petition, the learned Single Judge has observed that the State Government possessed power to reduce the specified height of the body of the trucks with a view to restrict/limit carrying of excess quantity of coal in the trucks.

6. The controversy of the writ appeal centers around the provisions of Section 110, 113(1) and114 of the Motor Vehicle Act, 1988 vis-a-vis Rule 93 (4) of the Central Motor Vehicles Rules, 1989. Hence, the aforesaid provisions are also quoted below:-

110. Power of Central Government to make rules.-

(1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:-

(a) the width, height, length and overhang of vehicles and of the loads carried;

(b) to (m) ***** *****

"2 [(n) installation of catalytic converters in the class of vehicles to be prescribed;

(o) the placement of audio-visual or radio or tape recorder type of devices in public vehicles;

(p) warranty after sale of vehicle and norms therefor.]

(2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances.

(3) Notwithstanding anything contained in this section,-

(a) the Central Government may exemp