Petitioner challenged truck overloading and illegal mining violating the Motor Vehicles Act. Court noted authorities' steps under Supreme Court directions and disposed petition with a direction to improve regulatory performance.
Direction to respondents to improve performance in checking overloading of trucks and illegal excavation of minor minerals.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.23 OF 2007
Mr.Ajay J. Beri .. Petitioner
Vs.
Union of India and Ors. .. Respondents
Mrs.Jyoti Pawar, Addl.G.P. for respondent nos.2 to
5 and 7
Ms.S.Ajitkumar for respondent nos.6
Mr.Vijay Patil for respondent nos.8
CORAM : J.N.PATEL &
A.A.SAYED, JJ.
DATED : 24TH AUGUST, 2007
P.C.:
1. The petitioner has filed this petition in
Public Interest. The grievance made by the
petitioner is that the trucks carrying sand, metal
and bricks are operating in violation of the Motor
Vehicles Act and contrary to the contracts awarded
to persons for quarrying these goods causing heavy
loss to the revenue and further, the trucks which
are overloaded, if allowed to be plied, can
2
endanger the life and safety of other users of the
road and, therefore, the same requires to be
regulated by implementing the directions issued by
the Supreme Court in the case of Parmajit Bhasin &
Ors. v. Union of India and Ors. reported in AIR
2006 SUPREME COURT 440. In response to the
petition, the authorities have filed their reply
and they have stated that steps have been taken to
check overloading of vehicles and regulating
excavation of minor minerals like sand, metal,
earth which is used for manufacturing bricks.
2. On behalf of the Corporation, it is
submitted that at check post, weigh bridges are
functioning. Few of them had become non functional
due to wear and tear and at the time of filing of
the affidavit were under repairs. The learned
counsel for the Municipal Corporation submits that
now all the weigh bridges have become functional
and operational.
3. The learned Addl.G.P. states that the
authorities are doing their best and the same is
reflected in the performance sheet attached to the
3
affidavit which shows how many such transporters
were challaned, prosecuted and huge fines collected
from them.
4. In view of the fact that the authorities
are taking necessary steps and it is not that the
authorities have ignored the problem but they have
their own limitations. We therefore, dispose of
the petition with a direction to the respondents to
improve their performance in checking overloading
of trucks and illegal excavation of minor minerals
and take all necessary steps in accordance with law
and as per the directions issued by the Supreme
court in the matter. This court is of the view
that it will be very difficult for the court to
monitor the alleged illegal activities and it has
to repose some faith in the authorities appointed
for the said purpose. With these observations, the
petition stands disposed of.
( J.N. PATEL, J )
( A.A. SAYED, J )
Colour shows how this judgement treated each authority
Parmajit Bhasin & Ors. v. Union of India and Ors.Referred¶17
Parmajit Bhasin & Ors. v. Union of India and Ors. reported in AIR 2006 SUPREME COURT 440 · Who else cites this
2 provisions across 2 enactments
Ajay J. Beri
Union of India
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court