This order dismisses a writ petition challenging the dismissal of an appeal regarding the non-renewal of a transport permit. The court held that Supreme Court directions prohibit renewing expired AITP permits for diesel vehicles in NCR, even if the vehicle age permits renewal under the main Act.
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.
$~4
FRIENDS TOURS & TRAVELS ..... Petitioner Through: Mr. C. Rajaram and Ms. Shashi Panwar, Advs.
versus
THE COMMISSIONER & ANR ..... Respondents Through: Ms. Manisha Handa and Ms. Chirayu Jain, Advs. for Mr. Ramesh Singh, Standing Counsel.
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO O R D E R % 01.05.2018
CM No. 14626/2018 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 3680/2018 & CM No. 14627/2018 (for stay)
“9. According to Section 81(1) of M.V. Act 1988, permit can be renewed for a period of five years only, the same is as under:
“81. Duration and renewal of permits. – (1) A permit other than a temporary permit issued under Section 87 or a special permit issued under sub-section (8) of section 88 shall be effecting [from the date of issuance or renewal thereof for a period of five yea:.
Provided that where the permit is countersigned under sub-section (1) of section 88, such counter-signature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit.”
10. Ld. Counsel has relied upon Rule 82(2) of Central Motor Vehicle Rules however even according to that permit can be extended upto nine years. It provided the maximum limit for which a permit can be renewed. Moreover, it is well-settled proposition of law that provisions of Section of main act prevails over the provisions of Rules framed under the act thus as per Section 81 of M.V. Act the permit will be renewed after five years.
11. Hon’ble Supreme Court in case titled M.C. Mehta versus Union of India & Ors. has held as follows:
“(2) Registration of new city taxies shall be permitted only if the vehicles operate on dual fuel or petrol or C.N.G. We make it clear that no vehicle shall be registered as a city taxi if it runs on diesel fuel. The competent authorities shall faithfully comply with this direction.
(3) All existing All India Tourist Permit (AITP) taxies operating in the National Capital Region shall be converted into AITP (O) category and will be allowed to operate until such time their existing permits expire by afflux of time. We make it clear that the registering authority shall not renew such permits once they have expired. We also direct that the permission hereby granted shall be subject to the AITP taxies complying with all Government directives concerning security,
safety and fare issued from time to time.
(4) All new AITP permits will be issued as AITP (N) category permits. These permits shall not authorize the taxies to pick up or drop passengers from point to point within the NCR. The authority issuing the permits shall insist upon an undertaking from the person seeking an AITP permit to the effect that he shall not use the taxi for point to point service within the NCR. This direction shall continue till such time, the Government frame suitable rules to that effect and publish the same in the official gazette.
12. Hon’ble Supreme Court after consideration the grave situation of atmospheric pollution in Delhi issued the directions in the above cited authority. The sum and substance of the authority is to check the increasing level of pollution. It is admitted case of the Appellant that its vehicle is entering in the territory of Delhi / NCR and also taking passenger from Delhi thus there is no merit in the argument that the ratio of law laid down by the Hon’ble Supreme Court in the above cited authority is not applicable to the vehicle of the Appellant. An affidavit is filed on behalf of respondent to the affect that no permit was renewed in contravention of ratio of law laid down by the Hon’ble Supreme Court in the above cited authority. Thus there is no discrimination as claimed by the appellant.”
respondents could not have denied the renewal of the permit / authorization and, (2) the respondents are issuing permits for the new diesel vehicles and there is no reason why the permit be not renewed in the case of old vehicles. He has drawn my attention to registration of one such vehicle with No. DL1NA-2250.
“(3) All existing All India Tourist Permit (AITP) taxies operating in the National Capital Region shall be converted into AITP (O) category and will be allowed to operate until such time their existing permits expire by afflux of time. We
make it clear that the registering authority shall not renew such permits once they have expired. We also direct that the permission hereby granted shall be subject to the AITP taxies complying with all Government directives concerning security, safety and fare issued from time to time.
The respondents have rightly not renewed the permit.
V. KAMESWAR RAO, J
MAY 01, 2018 /jg
3 issues framed by the court
Whether the petitioner is entitled to renewal of tripot permit beyond five years under Section 81 of the Motor Vehicles Act 1988.
Whether renewal of All India Tourist Permits (AITP) for diesel vehicles operating in NCR is barred by Supreme Court directions.
Whether the petitioner's arguments regarding annual renewal of Authorization Certificates have merit.
Colour shows how this judgement treated each authority
M.C. Mehta vs Union of IndiaReferred¶12
M.C. Mehta versus Union of India & Ors.
3 provisions across 3 enactments
FRIENDS TOURS & TRAVELS
THE COMMISSIONER & ANR
V. KAMESWAR RAO
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
