Rajkumar S/O Sumer Singh v. Union of India
Case brief
What is this about?
In multiple writ petitions, vehicle owners challenged the validity of Rule 11A added to Rule 81 of the Central Motor Vehicles Rules, 1989, which imposed a daily fee of Rs. 50 for delay in renewing a fitness certificate post-expiry. The Rajasthan High Court analyzed whether this levy was a valid regulatory fee or a disguised penalty. Holding that the parent Act did not mandate renewal before expiry nor prescribe penalties for delay, the Court ruled the fee lacked correlation with services rendered and was ultra vires. Consequently, the Court declared the rule inoperative and stayed the levy of such additional fees.
What did the court decide?
Serial No. 11A of Rule 81 of Central Motor Vehicles Rules, 1989 declared ultra vires and inoperative; respondents directed not to levy any additional fee for delay in renewal applications.