1. The present petition filed under Article 226 of the Constitution of India prays for following reliefs :-

1. The order passed by the respondents removing already fitted glasses from the buses of the petitioners by replacement of 100% visible glasses be set aside;

2. Respondents be restrained from compelling petitioners to change glasses of their side windows of the vehicle;

3. It may be held that that respondents are bound by the provisions of Central Motor Vehicles Act and Central Motor Vehicles Rules and M.P. Motor Vehicles Rules as aforesaid accordingly buses owned by the petitioners be permitted to be plied specifying other conditions.

4. Any other relief which this Hon'ble Court deem fit and proper be also allowed.”

2. The petitioners, who claim themselves to be bus operators, are aggrieved by the action of the official respondents in compelling them to change the glasses of the side windows of their buses and replacing the same with glasses of 100% visibility.

3. Learned counsel for petitioners referring to the provisions of Rules 100 (2) and Rule 128 (7) of the Central Motor Vehicles Rules, 1989 contends that the impugned direction of removing the existing fitted glasses from the buses of the petitioners and replacing the same with glasses comprising of 100% visibility cannot be sustained in law.

4. Before venturing into the factual realm, it would be appropriate to deal with the legal aspect.

5. Section 110 of the Motor Vehicles Act, 1988 (“Act of 1988” for brevity) empowers the Central Government to make Rules on several factors enumerated thereunder including use of safety glasses including use or otherwise of tinted safety glasses by providing as follows :-

“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) xxx xxx xxx

(b) xxx xxx xxx

(c) xxx xxx xxx

(d) the use of safety glasses including prohibition of the use of tinted safety glasses.”

6. Exercising the abovesaid power contained in section 110 of the Act of 1988, the Central Government framed the Central Motor Vehicles Rules, 1989 (“Rules of 1989” for brevity) inter alia containing Rules 100 and 128. The provisions contained in both the said Rules 100 and 128 of Rules of 1989 are reproduced hereinbelow for convenience :-

“100. Safety glass :-

(1) xxx xxx xxx

(2) The glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side windows are such and shall be maintained in such condition that the visual transmission of light is not less than 50%, and shall conform to Indian Standards.”

128. Tourist vehicles other than motor cabs, etc.- A tourist vehicle other than motorcab, taxicab, campers van house trailer, shall conform to the following specifications, namely :-

(1) xxx xxx xxx

(2) xxx xxx xxx

(3) xxx xxx xxx

(4) xxx xxx xxx

(5) xxx xxx xxx

(6) Windscreen.- (i) The front windscreen shall be of clear view and distortion free, with safety glass and shall be of full width of the tourist vehicle. If made in two halves, the width of the centre vertical joint, inclusive of the rubber glazing fitment of the front windshield shall be such as to enhance the elegance of the tourist vehicle.

(ii) Rear windscreen shall be of safety glass or laminated safety glass. It shall match with the windows provided on the vehicle. Sliding curtains shall be provided on the rear windscreen.

(7) Windows.- Windows of tourist vehicles should have a minimum space of 14.25 millimetres and shall be of safety or laminated safety glass.

Windows shall be of double sliding type slider running smoothly in channels without rattle. All safety or laminated safety glasses used for windows should conform to standards laid down by the Bure