CAV JUDGMENT

Date : 26-11-2024

1. The Writ petition is filed for quashing the notification issued vide Memo No. 8145 dated 06.11.2019 (Annexure-3) under the signature of the Secretary, Transport Department, Government of Bihar whereby in exercise of power under Section 115 of Motor Vehicle Act, 1988 in the interest of public safety and convenience, all the commercial vehicles more than 15 years old have been restrained to ply in the area of Patna Municipal Corporation, Danapur Nagar Parishad, Khagaul Nagar Parishad and Phulwarisharif Nagar Parishad. Further, commanding the respondents not to give effect the notification dated 16.11.2019, because the same is in the teeth of Section 59 of the Motor Vehicle Act, 1988 which give such power to Central Government to fix the age limit of motor vehicle.

2. The brief facts of the case is that the petitioners are the owners of different transport vehicles, for which they hold valid permits and they are plying the said vehicles within the Patna Municipal Area. They are aggrieved by the impugned notification dated 06.11.2019 (Annexure-3) issued under the signature of the Secretary, Transport Department, Government of Bihar by which, it has been directed that in the interest of public safety and convenience all the commercial vehicles more than 15 years old have been restrained to ply in the area of Patna Municipal Corporation, Danapur Nagar Parishad, Khagaul Nagar Parishad and Phulwarisharif Nagar Parishad.

3. It is submitted by Learned counsel for the petitioners that the notification dated 06.11.2019 is illegal and without jurisdiction. The power to fix the age of the vehicle lies with the Central Government under Section 59 of the Motor Vehicle Act, 1988 and the Transport Department has no jurisdiction to issue any notification fixing the age of the vehicle.

4. Learned counsel for the petitioners draws attention of this Court on Section 115 of the Motor Vehicle Act which reads as follows:

“115. Power to restrict the use of vehicles. - The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may, by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places:

Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction.”

5. Learned counsel for the petitioners also draws attention of this Court on Section 59 of the Motor Vehicle Act which reads as follows:

“59. Power to fix the age limit of motor vehicle.—(1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder:

Provided that the Central Government may specify different ages for different classes or different types of motor vehicles.

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Of