Sidhant Malaiya v. Union of India & Anr.
Case brief
What is this about?
The Court, relying on a coordinate bench judgment, held that the regulatory framework for restricting slow-moving vehicles on expressways was clear under Section 35 of the Control of National Highways Act. The petitions were closed regarding the restriction issue. Liberty was granted to the petitioner to submit a representation regarding the challenged penalty.
What did the court decide?
Disposal of PIL and connected writ petitions. Liberty granted to submit representation regarding penalty to NHAI, to be decided within four weeks.
What the court decided
$~36 & 8
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(C) 15392/2024 & CM APPL. 64539/2024 GAUTAM KUMAR LAHA .....Petitioner Through: Mr Praveen Agrawal and Mr. Rohit Dhamija, Advocates alongwith Petitioner in person. versus NHAI & ANR .....Respondents Through: Mr. Santosh Kumar, Standing Counsel, Ms. Sangeeta Vazirani, Advocates for NHAI/R-1. Mr. Chetan Sharma, ASG, Mr. Apoorv Kurup, CGSC, Mr. Arnav Mittal, Mr. Gurjas S. Narula, Mr. Shaurya Agarwal, Ms. Nidhi Mittal, Advocates for UOI/R-2.
8
- W.P.(C) 15120/2024 SIDHANT MALAIYA .....Petitioner Through: Dr. Amit George, Mr. Jasmeet Singh, Mr. Saif Ali, Mr. Pushpendra S. Bhadoriya, Mr. Vijay Sharma, Mr. Pranav Menon, Mr. Saurav, Advocates. versus UNION OF INDIA & ANR .....Respondents Through: Mr. Ankur Mittal, CGSC and Mr. Aakash Kr. Singh, GP, Advocates. Mr. Santosh Kumar, Standing Counsel, Ms. Sangeeta Vazirani, Mr. Adithya Ramani, Advocates for NHAI/R-2.
Signature Not Verified
Digitally Signed W.P.(C) 15392/2024 & Connected matter By:MADHU SARDANA Signing Da te:1 2.11.2024 12:38:11
Page 1 of 7
% Date of Decision: 06th November, 2024
Issues for consideration
3 issues framed by the court
Whether NHAI had the jurisdiction to restrict slow-moving vehicles on expressways under Section 35 of the Control of National Highways (Land and Traffic) Act, 2002.
Whether the imposition of a Rs. 20,000 penalty for violation of vehicle type restrictions was valid under Section 115 of the Motor Vehicle Act, 1988 without State consultation.
Whether a penalty higher than Rs. 500 permissible under Section 177 of the Motor Vehicle Act, 1988 could be levied for the same violation.
Parties & counsel
- petitioner
Gautam Kumar Laha
- petitioner
Sidhant Malaiya
- respondent
NHAI
- respondent
Union of India
Coram
Case details
As recorded by the court registry
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