Quashed

Bokajan Truck Owners Association and Anr. v. the State of Assam and 5 Ors.

Gauhati HC7 Oct 2021WP(C)/4642/2021

Case brief

AI extract

What is this about?

Petitioner truck owners challenged an Executive Engineer's order banning heavy trucks above 12 tons on a specific road. The High Court quashed the order issued without consultation and directed authorities to consult higher departments before issuing such prohibitory orders.

What did the court decide?

Office Order No. 29 dated 31.08.2021 was set aside and quashed; directions to consult PWD and Transport Dept given.

Bokajan Truck Owners Association and Anr. Vs the… — Service and Employment | Gauhati HC (2021)

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GAHC010146682021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4642/2021

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BOKAJAN TRUCK OWNERS ASSOCIATION AND ANR REPRESENTED BY SHRI BIJOY SINGH, NEAR CCI GATE, BOKAJAN TOWN, PO BOKAJAN CEMENT FACTORY, PS BOKAJAN, DIST KARBI ANGLONG, ASSAM

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2: SHRI BIJOY SINGH S/O SRI KALICHARAN SINGH RESIDENT OF BOKAJAN TOWN WARD NO. 06 PS BOKAJAN DIST KARBI ANGLONG ASSA

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY, PUBLIC WORKS DEPARTMENT (ROADS) GOVT. OF ASSAM, ASSAM SACHIVALAYA, DISPUR, GUWAHATI 781006

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2:THE CHIEF ENGINEER

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PUBLIC WORKS DEPARTMENT (ROADS) GOVT. OF ASSAM CHANDMARI GUWAHATI 781003

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3:THE EXECUTIVE ENGINEER

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PUBLIC WORKS DEPARTMENT BARPATHAR ROADS DIVISION SILONIJAN DIST KARBI ANGLONG ASSAM

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4:THE COMMISSIONER

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COMMISSIONERATE OF TRANSPORT GOVT. OF ASSAM PARIBAHAN BHAWAN JAWAHAR NAGAR KHANAPARA GUWAHATI 781022

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5:THE DISTRICT TRANSPORT OFFICER

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KARBI ANGLONG DIPHU ASSAM

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6:THE DEPUTY COMMISSIONER

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DIPHU KARBI ANGLONG ASSA

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Advocate for the Petitioner : MR S BORTHAKUR

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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07-10-2021

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Heard Mr. S. Barthakur, learned counsel for the petitioners and Mr. P. Nayak, learned Standing counsel, PWD department of the State for the respondent Nos. 1 to 3. Also heard Ms. M.D. Borah, learned Standing counsel, Transport Department of the State for the respondent Nos. 4 & 5 and Mr. C. S. Hazarika, learned Government Advocate, Assam for the respondent No. 6.

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2. The petitioners herein are Transporters/Truck Owners of Bokajan area mostly engaged in transportation of goods like, cement, rod, rice, potatoes etc. from Bokajan Railway Station siding via National Highway No. 39 to the districts of Karbi Anglong and Golaghat in Assam as well as in the neighbouring States of Nagaland and Manipur. For the said purpose, about 200 drivers and handymen and around 400 laborers are directly or indirectly engaged with the petitioners.

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3. The Transporters/Truck Owners are running their trucks with various capacities as per law for more than 40 years through the Station Road measuring about 2.7 kilometers in length that connects

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Bokajan Railway Station siding with NH No. 39 without any difficulties.

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4. However, suddenly without any basis, the Executive Engineer, Public Welfare Department (PWD), Barpathar Roads Division, Silonijan, Karbi Anglong by the impugned Office Order No. 29 under No. BPRD/CIR-5/2021-22/640 dated 31.08.2021 whereby it informed all concerned about strict prohibition of plying of heavy vehicles above 12 (Twelve) Tons (Gross Load) on the road from NH 39 to Bokajan Railway Station, stating that the maximum load capacity of the said road is 12 (Twelve) Tons only.

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5. Being aggrieved with the same, the petitioners have filed this writ petition praying amongst others to set aside and quash the said Office Order No. 29 dated 31.08.2021, not to give effect of the said order dated 31.08.2021 and to allow the plying of the vehicles of the petitioners with Gross vehicle load from 12 (Twelve) Tons to 49 (Forty Nine) Tons.

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6. Petitioners stated that the said impugned Office Order No. 29 dated 31.08.2021 put a complete halt to the movement of trucks of the petitioners and other truck owners as most of their trucks are above 12 Tons load.

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7. Petitioners also stated that there is no alternate road connecting the NH 39 to Bokajan Railway Station and by prohibiting the only road for plying of trucks above 12 Tons of load have severely affected their livelihood as well as of those people engaged with them.

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8. Mr. Barthakur, learned counsel for the petitioners placed before the Court that Ministry of Road Transport and Highways from time to time issues Notifications as per the provisions of the Motor Vehicles Act, 1988 regarding the maximum safe axle weight of such transport vehicles, but the authorities pertaining to the State of Assam is silent in that regard.

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9. Mr. Barthakur, learned counsel for the petitioners also submitted that the petitioners have already submitted a representation before the Chief Minister of the State on 06.09.2021 in that regard. By filing an additional affidavit, the petitioners’ association has placed the certificate of registration of the vehicle of the petitioner No. 1 with the allowed Gross vehicle weight as well as unladen weight of the said vehicle, public carriers permit in the name of the petitioner No. 1 and others.

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10. During the deliberation of the matter, Ms. M.D.Borah, learned Standing counsel, Transport Department, on instructions, placed before the Court that the Commissioner of Transport, Assam is not aware of such prohibition of plying of vehicles above 12 Tons (Gross Load), in the road from NH

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39 to Bokajan Railway Station, because the maximum load capacity of the said road is 12 Tons only, as the said fact has neither been informed by the Executive Engineer, PWD, Barpathar Road Division, Silonijan nor been discussed earlier.

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11. Mr. P. Nayak, learned Standing counsel, Finance Department submitted that he has been informed by the authorities in the PWD that though the Office Order No. 29 dated 31.08.2021 was issued by the Executive Engineer, PWD, Barpathar Roads Division, Silonijan, Karbi Anglong for a good cause considering the status of the road concerned, but the same was issued without prior consultation and approval of the higher authorities in the PWD.

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12. After hearing the learned counsels for the parties and considering the entire aspect of the matter and the said Office Order No. 29 under No. BPRD/CIR-5/2021-22/640 dated 31.08.2021 issued by the Executive Engineer, PWD, Barpathar Roads Division, Silonijan, Karbi Anglong, being issued without prior consultation and approval, is hereby set aside and quashed.

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13. However, it is made clear that the respondent authorities with prior consultation with the PWD as well as the Transport Department of the State and obtaining necessary approval in that regard may issue such order of prohibition considering the status and condition of the road giving prior information/ information in advance to the commuters of the road and public at large.

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14. With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Bokajan Truck Owners Association and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Bokajan Truck Owners Association and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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