Excelsior Correspondent
JAMMU, Oct 26: High Court, in a petition filed by Green Valley Sumo Taxi Stand Union, has observed that court cannot issue a writ of mandamus to the respondents for acting contrary to the Statutory Rules.
“It is true that the Government of Union Territory of Jammu and Kashmir is empowered to grant exemption having regard to the relevant facts and circumstances and provide reasonable time to the petitioner to have their public service vehicles fitted with the requisite devices to comply with the Rule 125-H of the Central Motor Vehicles Rules, 1989”, Justice Sanjeev Kumar.
“This is however, left to be determined by the Competent Authority having regard to the attending facts and circumstances. That apart, the petitioner has lost its right to invoke the extraordinary jurisdiction of this court by being unfair and attempting to play with the process of law”, High Court said.
The petitioner Green Valley Sumo Taxi Stand Union is seeking direction to the respondents to grant fitness certificates to the petitioners following the mandate of Govt orders dated 31.10.2018 and 15.01.2020 and also seeking direction to respondents to implement the order issued by Govt of India, Ministry of Roads, Transport and Highways dated 31.10.2018 with regard to fitment of vehicle location tracking devices, implementation of development, customization and deployment of State wise vehicle tracking platform for safety and enforcement as per the AIS-140 specifications in States/UTs dated 15.01.2020, whereby Public Service Vehicles (All four wheeled or Higher Passenger Carrying Vehicles) with effect from 1st April, 2018 be given exemption.
While dismissing the petition, High Court observed, “from reading of the Rule 125-H, it is clear that all public service vehicles except two wheelers, three wheelers, e-rickshaw and a transport vehicle for which no permit is required under the Central Motor Vehicles Act, 1988, are required to be equipped with or fitted with VLTD and one or more emergency buttons”.
“It is true that with a view to give sufficient time to the owners of public service vehicles to comply with the provisions of the Rule 125-H and equip their vehicles with VLTD and one or more emergency buttons, the time line for its compliance was extended up to 1st April, 2019. This obviously was in respect of the vehicles which were registered prior to 1st of April, 2019, and were not fitted with the devices”, High Court said, adding “it is true, by virtue of SO the States or Union Territory Governments, were given power to notify the date for compliance of requirement after the expiry of time period of exemptions specified in the SO, in respect of public service vehicles registered up to 31st December, 2018. However, no notification of the Government of Jammu and Kashmir, has been brought to my notice, whereby the exemption to comply with Rule 125-H has been granted by the Union Territory of Jammu and Kashmir”.
Rather one would find a copy of minutes of meeting chaired by Transport Commissioner dated 1st April, 2022, whereby in respect of “installation of Vehicle Location Tracking Devices”, a decision has been taken to direct all the RTOs and ARTOs to ensure the strict compliance of SO No. 5453(E) dated 25th October, 2018, High Court said.
Justice Sanjeev Kumar said that this court cannot issue a writ of mandamus to the respondents for acting contrary to the Statutory Rules. High Court did not find merit in the petition and the same was, accordingly, dismissed.
“The dismissal of the writ petition, however, shall not disable the petitioner from making a representation in this regard to the competent authority for seeking reasonable extension of time, so that they are in a position to comply with Rule 125-H of the Central Motor Vehicles Rules, 1989”, High Court said.
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