Hari Narayan S/O Ghisa Nath v. Union of India
Case brief
What is this about?
The Rajasthan High Court in a common order for multiple writ petitions held that an additional fee of Rs. 50 per day levied on transport vehicle owners for delayed renewal of fitness certificates is a penalty, not a fee. The Court ruled that since the statute does not mandate pre-expiry renewal or prescribe penalties for late filing, the levy exceeds the legislative intent and violates the Motor Vehicles Act, 1988. The impugned rule was declared ultra vires and inoperative.
What did the court decide?
The note appended to Serial No. 11A of Rule 81 of the Central Motor Vehicles Rules, 1989 is declared ultra vires and inoperative. Respondents are directed not to levy any additional fee for each day of delay after the expiry of the validity period of a fitness certificate.