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2024 Supreme(Online)(ORI) 4986
ORISSA HIGH COURT
HON’BLE THE CHIEF JUSTICE, CJ, Savitri Ratho, J
LAXMIDHAR SAHOO – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) 6658 / 2024
Mr. Subash Ch. Pani, Advocate; Mr. B.M. Sarangi, Advocate; Mr. P.K. Parhi, Deputy Solicitor General; Mr. D.R. Bhokta, CGC; Mr. P.P. Behera, CGC; Mr. Manoj Ku. Pati, CGC; Mr. J. Naik, CGC; Mr. B.K. Pardhi, CGC; Ms. Babita Sahu, CGC; Ms. J. Sahoo, CGC; Mr. B. Maharana, CGC; Mr. B.S. Rayaguru, CGC; Mr. D. Gochhayat, CGC; Mr. Pravakar Behera, Standing Counsel (Transport)
The court ruled that the imposition of additional fees for delays in vehicle registration and fitness certificate renewals by the Union was beyond its authority without legislative amendment.
Headnote:(A) Central Motor Vehicles Act, 1988 - Sections 28, 65, 96, 111, and 138 - Central Motor Vehicles (Twenty Third Amendment) Rules, 2021 - Amendment to levy additional fees for delays in registration and fitness certificate renewals challenged - Petitioners contended that the Union lacks authority to impose such fees, citing prior court rulings. (Paras 2-10)
(B) Judicial Comity - The principle of comity requires courts to respect the decisions of other jurisdictions, but allows for differing interpretations. (Paras 19-20)
Facts of the case:
Petitioners challenged the validity of the Amendment Rules, asserting that additional fees imposed for delays in vehicle registration and fitness certificate renewals were beyond the Union's authority, referencing past judicial decisions that struck down similar provisions. (Paras 6-8)
Findings of Court:
The court found that the Union of India acted beyond its competence in imposing additional fees without amending the Motor Vehicles Act, thus dismissing the writ applications. (Paras 21)
Issues: The core issue was whether the Union of India had the authority to impose additional fees for delayed applications, especially in light of conflicting High Court rulings. (Paras 15-16)
Ratio Decidendi: The court upheld the principle of judicial comity, deferring to the Bombay High Court's interpretation of the MV Act, which allowed for additional fees but clarified they are not penalties. (Paras 19-20)
Result: Writ applications dismissed.
JUDGMENT
26.11.2024 Chakradhari Sharan Singh, CJ.
1. Since all these writ applications involve identical question of law and facts, with the consent of the parties, they have been heard together and are being disposed of by the present common judgment and order.
2. The petitioners have put to challenge, in the present batch of writ applications, the validity of Central Motor Vehicles (Twenty Third Amendment) Rules, 2021 (the Amendment Rules, 2021 for short) issued by a notification dated 04.10.2021 by the Ministry of Road Transport and Highways, Government of India to the extent Rule 81 of the Central Motor Vehicles Rules, 1989 (in short, ‘CMV Rules) has been amended by incorporating provision by way of substitution, for levying additional fee in case of delay in applying for renewal of certificate of registration (Sl. No.4 Note 2) and delay after expiry of certificate of fitness of a vehicle (Note under Sl. No.11A) of the Table. Rule 3 of the Amendment Rules, 2021 is being reproduced hereinbelow:-
“3. In the said rules, in rule 81, -
(i) after the proviso, the following proviso shall be inserted, namely: -
“Provided further that, in case the vehicle is registered on submission of „‟Certificate of Deposit‟, the fee for issue of certificate of registration shall not be levied.”;
(ii) in the TABLE,-
(a) For serial number (4) and the entries relating thereto, the following shall be substituted, namely:-
Sr. Purpose Amount Rule Section No. (1) (2) (3) (4) (5)
“4. Issue of certificates of 47(1)
registration and assignment 52(1) of new registration mark or 54(1) renewal of certificate of 76(1) registration.- 78(1)
(a) Invalid carriage Fifty rupees (b) Motor cycle:
(1)Three hundred (1) New registration rupees (2) Renewal of registration (2)One thousand rupees (c) Three wheeler/
Quadricycle:
(1) Six hundred rupees (1) New registration (2) Two thousand five (2) Renewal of registration hundred rupees (d) Light motor vehicle:
(1) New registration (1) Six hundred rupees (2) Renewal of registration (2) Five thousand rupees (e) Medium Goods/ One thousand rupees Passenger vehicle.
(f) Heavy Goods/ Passenger One thousand five vehicle. - hundred rupees (g) Imported motor vehicle (Two/Three wheeled): (1) Two thousand five (1) New registration hundred rupees (2) Renewal of registration (2) Ten thousand rupees (h) Imported motor vehicle (Four or more wheeled):
(1) Five thousand (1) New registration rupees (2)Renewal of registration (2) Forty thousand rupees (i) Any other vehicle not mentioned above (1) Three thousand (1) New registration rupees (2) Renewal of registration (2) Six thousand rupees “10A. Conducting test of a 62(2)
vehicle for grant and renewal of certificate of fitness for motor vehicles older than 15 years:
(a) Motorcycle (i) Manual: Four hundred rupees (ii) Automated: Five hundred rupees (b) Three wheeled or (i) Manual: Eight light motor vehicle or hundred rupees quadricycle (ii) Automated: One thousand rupees (c) Medium goods / (i) Manual: Eight passenger motor vehicle hundred rupees (ii)Automated: One thousand three hundred rupees (d) Heavy goods or (i) Manual: One passenger motor vehicle thousand rupees (ii) Automated: One thousand five hundred rupees.”;
(c) after serial number (11) and the entries relating thereto, the following shall be inserted, namely: -
“11A. Grant or renewal of 62(2)
certificate of fitness for motor vehicles (transport)
older than 15 years:
(a) Motorcycle One thousand rupees (b) Three wheeled or Three thousand five quadricycle hundred rupees (c) light motor vehicle Seven thousand five hundred rupees (d) Medium goods or Ten Thousand rupees passenger motor vehicle (e) Heavy goods or Twelve thousand five passenger motor vehicle hundred rupees Note: Additional fee of fifty rupees for each day of delay after expiry of certificate of fitness shall be levied.”
(Highlighted for emphasis)
2.1. The amendment Rules, 2021 have come into force with effect from 01.04.2022, by operation of sub-rule 2 of Rule 1 thereof.
3. Rule 81 of the CMV Rules
