Karnataka High Court
Sri Y N Nanjappa vs State Of Karnataka on 30 June, 2008
Equivalent citations: AIR 2008 KARNATAKA 199, 2009 (1) ALJ (NOC) 96 (KAR.) = AIR 2008 KARNATAKA 199, 2008 (6) AIR KANT HCR 106, 2009 A I H C 59, (2009) 1 KANT LJ 177
_ peparamentoftkmt
.. ; % ~ Veedhi
A A % . ' - 560 00$
13' sinner rormmapon
--. " NR5; Building
""3anga1ore--550001
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unit was wumwmmrumarnamsm
mun 111:: 'ml: zone my or was was
rm I-IOIPBLE mincvnm: Jowm, ' 1 L
ms noarnm unauanm
m Petition no. 10415 g fig
Between:
3111 Y-N-Nanjavpa . A
Rctimd !~IA.LEmp1oy?a_.:e _ _ "
S/0 SriNinga:'ah; " '
538665 Imam ' " '
R/at No. 1085, :;, ~
16th cmss,IL A ¢
Bangalore-56€)G?'G ' 4'
(By M/s F'qov(ayy#"<?5
. . Petitioner
-~ ..... .. "
to -.
M.S.Bufld1ng' V
Dr. Amhedkm Veedhi
It is stated that after the death arms son in the mac:
V. in espousing pubiic causes miatiag {so mad safety,
3. The Kmnataka Smtc Bus
Owmers Federation (Rt.-.gd.)
Bangalore -~ 560 001
Repnzscmted by its Prcsédmt
4. Mysore Rasthc Saxigc Smaku
Bapuji Petml Bunk, Mysore Roaci
Bangalore
Repwscntncl by its Pmsidmt
5. Union ofinti-Ia '
Minishy ofshipprng. andfr
Highways, flcwbemi V' ..
Represented by _ ~ Reapondmts
(By Smt Vflya, 4' .36: Rel R-2, M E.M.Nagesha
for R-3 and Sri I-':'a!a_ht2;. R-4 mt! Sr-i Azuvimi
Kumar, Asst.__ f<:h1'__ R26, Smt. M
Hixemath, égijiikrant in i.!£;VI/2008, Sri S.K.Venk:ata.
Roddy, Advdmk . for-" 1.A.vn/was and Sri Gangi
Raddy, 3i)2'VazzppIi.<3u*!1Viiv';iiT'--!,,A£..VIli/2008}
This been mesaved for orders md
coming upgfm" Lpmnoamrsemumt on this éay, the Court dclivfi the
§ in mm writ petition' is a senior citizen whose
% the yr 1995 at the age of2O years in a mad mm' em:
the petitioner has been devoting considerable the and
;/
3. By an interim oriicr dated 12.02.9098. thc
Anncxures-J and M Notifications wm stayed by this; '
rurmcr oxvdcrs. Agamst the said onicr aam% 4% A' 2
respondent Mysore Rasthc Sarigc :
Sangha filed SLP (Civil) No. 5047 ofzryoa
Court. The Hon'blc Snpmrnc 1{) ;O3.2008
diasposed ofthc Special Leave the High Court in
dispose of the writ peum' :1 a§.%--a'3r e:arl;«r,st' _ " .' g the intc1'm'
onicr dated Q!
4. In the mac fiom Kcmla filed
I.A.No.6 of be implmdcd m additional
7:3 Though the prayer for
implcading as seapondent in the writ pctifion was
also wouki be heard in the writ
V .V Arg1;'"m"" gzifiisg learned ommsci for the - ' , the
Sri Kaioor Joseph were heard and % juadmcnt
6. It is noocssaxy to state the facm and chvunzatances which
led to the issuance of the impugned notificafwns. According to
Section 1}G(1)(t) of the Motor Vehicles Act, was
Government is competent to make Rules
Governors. Aocordmg to Rule 113(1) ofthc ,
Rules, 1989, on and from the
such transport vthickzs as
Governments in the Ofiicial Gwettc 'V
ofsuch transportvchic]acw1th' u1V;i1o;'(specd vV'
device) mndaud fimn time
to time of Indian Standards in such
naanncr that be filed with an oficial seal
of_vtV.'m:: Sta"t;'1'i'ans;41;ort.or a Rcglional 'I'ransport Authority
be removed or mmpcmd without the
gcoaramg to sub---rulc (2) of Ruk 1 18, the
transport which shafi be so act that the
X is of being driven at a speed in excess ea" the
VV jf§:ue~set speed of the vchick: except down an incline.
V of the ccnuaz Mom Vehicles Rules 1939 mm mm fimc
c.n m..o7.1993.
_ V. V. 'Au ' " (xi): Institutional Buses;
vehicles with GVW 3000
7. in exercise of the pawers conferred by Rule
Centre} Motor Vehicles Rules, 1989,. the t f
issued Anncxurc-I3 Notification datcd 28.»IAlH}v3.2()05~V b
transport vehicles which shall be
speed Governor (speed Gantrofiinfi fmig
stamiaxd AiS:018 as amended fmm ad
transport vehicles coveted by
W-8°
(13) Contract" " '3' ._ V ' exceeding'
--
d by pm dud 'd«-Sfchiclcs figi 1988; ____ covvemd by an
= "Authozisation Certifiscate hauled Rule 5 of Motor Vehicks (All ' 'Winding permit for 'l'mnspm't ' ' Rules 1993;
(e) cards; and .
fitted. with Speed Govcxnosrs during the period of twcivc mqnths form 01.05.2007 to 30.04.2003. '
9. 'I'hcrcaftcr. Anncxurc-F Notrfiwt3o' ' 11 dated issued by the Govcmment of it p the next day as pct Azmexurc-G fidaigd
19. According to oamzoov, the date 01.05.2007 m¢:zt_.ionqd" ' was changed as o1.o7,.2ég%1.:$j fmm 1.7.2097, fitting of for Itsiatration in the goods 3000 Kgs. In Inspect of vehicles 'V of Speed Governors was féif 'affix fitness ccrtifimte with cfibct from of Annexurc-G Notification was mat the ' should be fitted with Speed Govemars .. :Z;1t_.'.t}?x€ tinltz" of-mncwal of the fitness certificate during the period to 30.06.2003.
(3n 1.6.2007 the t of Kmnartaka issued A Natification amcnding Anncxurcm-B Notification 1'9 the extent of excluding Thxee wheelcxs (Autorickshawfi the purview of Annexum--B Notification and granting 12 the speed governors to ail goods vehicles ' Annexure-H Newcation also cxtc1:_1_d¢=d__ Annextm:-B notification to Corporation vehicles and the 'coificr "
Three Wheelers).
12. Govt-smmhcnt of VA ' v"';:;Lzvic;\3_'_.hcr No§fica' flan dated furth' er time for fie' Speed 'jgggk Notifimfion the Speed Gevcmors from 01.01.2008.
13. 'V the pctitionm to fie this Apart from praying to $11 datrxi 29.06.2007, the petitioner has aim ptaycd a to the respondents to implement Annexurc-B 28.03.2005. The writ petition was admitted on . and notice' was issued to the mupondents. V. V--V:T"Re'e:;"poz'1:dcnts were directed' to file an afidavit explammg' ' the A under which and the masons for which Annexure-J Notification was Esucd. Tbs mspondcats flied avermcnts in the writ petition and the the respondents and afinr homing petitioner and the learned Govemmfl V. tp; 'tV§1tier was wand on 17.07.2007 'oi'.
momma dated 29.06.2007" vchiclcs yet in be xegieeened. The 17.07.2007 was that the cxtgnsigg of am vuhichs an of time granted in mspcct of was not inintficxed with.
14. Win}: stocfi the t of Kamaaka 'lion dated 22.01.2008. As per MT dated 22.01.2003, the {me no 1%: speed of vehscxes ahuady xegistemd hm hccn 'e.e~.%,,§e;.dea Notification. Pmmptly, the mm"
V é r $133 petition to challenge Annex1m:--M Nomeaaee' LA. No.3 0f2008 fir stay ofAnncxtuvc-M NotIficatton' ' . The of Annczxures-J and M was stayed by this Court on 12.02.2008. But the said smy oxdcr studs stayed by the Hozfbk:
Supreme Court.
15. The chmnolog of events mcntionod above Government of Kamntakaa has Men w.
ixnplcmcnting the pmmfmions contained 2.13» Motor Vehicles Rules providing 2 mtacgorics of vemckas. Till to notary the-
categories of vesmd in the Central 31.33.2002 the power Wm conftrmd on ' Annexurc-B Notfimtiorn was issued mg only on 23.03.2905. It would " ' t t of Karnataka wm subjecmd the opcratma of vehicles to exltnd Speed Gomnozs. We can understand the L» and granting timc for practical ttictzvaérsons Iikc I-mmmy to fix Spwd Governors in all the t afi of a suédtm. But Anncxurc-. B No%a?tao' n 23.03.2005 i.c. about 12 yams aft:-r Ruin 11a came Even after three yczars of inning -B V. tion, the operators of the vehicles do not want to E Speed Governors in their vehicles. The object of fitiing Speed is to stnctly' enforce the speed Imam imposed under '%7i;:2 _ the Motor Vehicles Act. Thc attitude * x lack of concern ibr the safi:ty and the the public. None of thc respondents' > contcntion against the sanitary '- ' ggfmst the mquin:-mcnt of fittmg' Speed film" of fhen"
the financial' . There is no factua} basisgfor number of Speed Governors a:Qé. x1ot" 01' course then: wit! be some financial . But it cannot a té postpone the cnibmmnent of a siwtbxjzv with the object of mum the puhliz. The private iaiacnest cf the _ 'ho the pubfic interest in ensuring' pubfic fiitst be an and to the extensimas omrnc to fit Spend in thc dechém mpemd in ($305312 s,c.a 320 - Q and another .vs. Kaloor Jaseph the Honiric Cqurt the direcfion of the High Gomt of Kalda tan fitSpeed Gevernorsonvehick:aaadgrmted1:'m1eon13r_t_1pto 30.09.2005 for fitting Speed Governors. Hence the two" vs -4 4-' Kamataka should not have buckled under _ vehicle operators again and again or " " 2 by the vehicle operators, discarding the the Government has gone be notifications. Annexun:-M N0%Oa'¢5Ii.V £'l£t8 even without specifying any outer' decisions of the Government to and is against the and the public interest. fizz' the oontentitm of the nuzsaber of Speed Governors not Even according to the lemma of Kmnaeka has wowed the by 8 companies. Mexeova, the rule has been in a phased manner. Even as X % ' t Notification. the vehicles already mgasmea need V Speed Governors only when they welt renewal ofthe t Certificate during the penbd of :2 months from 1.7.2007 as I4-
16. We are aware that then: W513 be sum iniiiai the operators of the vchiclw. This oouid have beset; K had not sought extension of %c co-opcmmd with the gradual requincmcnt. Evczy czt12en' ' has dficuities and he ooopcmte 1%»; a in iaétcrcst.
1?. We do not find any of the inaplcmcntation of the Central Motor
Vehicles Rulgté,W§98$§v?wh§§3j'h§&i.,§eme"_fiii§ fonts on 01.07.1993.
18. In India" 5 Others - (19971 8" 00¢ '1:'_'.';':"'0,._ Su1Sitms--« had oomiaon to cmaidcr the (NOR) and the National Capital ry to mama the mmcm m it wfcgunzda .: ah: fbr public sakty. in paragmphs 6 and 7 of ita Hhnfiak Supmmc Court ha observed as foflnws:
"6.Chapter!VdealswiththeIewtmtionof motor vehicles whexein Sectian 39 prescrihw necessity for registration. It says that unless vehicle is xegmzed in wcoztlanoe with the pmt'i5lon__ '% ofthe Act, it cannct be driven in any pubac , V responsibility to ensure that L. . driven is not merely on the tfie. V but also on the owner of tlie permits refusal of Iwega%t1'ati§>7n"<:r bf certificate of mgisuafian .;m£:r'Va}ia."t?r_1§e mum: the vehicic is to comply with the V the rules mac thexeundeg. vehick: must be madwcifthy there is no mechanical defect being uwd & a motor vehicle. complying wifii all the 1eq11'i;re3r.teg:nts.V clear that any t .. v V' the Act or by the rats. has to with and such a requirement would of a specfiefi camgmy of being fitted with speed govemaxs or devices as may be pmscmea by saw. S3 pennies suspension of mwuamn by the _ .*::=§s:e:iagauthou:yorotnmrmibeaaumofity}u'it % nasmmnmbermvethatmy :n<:rm=rvehicleisi:nauch- condition that its use in a pubizic phoe wonid constituiaeatimugerinthepublicowthatitfailsto @/-* comply with this xuquircmcnts of this Actor ;<".tf~ m% made thczvcuzzdcr. It is signficant 2 power to suspcnd the authority even if the condition of A ;_t t found to be such that its us; in avépuiili: ' constitute a danger to "
whether that is a specific of mics. The oenfcrmcntidf for the tibtioua reason that a motor to be unsafe or in a pubiic pm. to ply at a pnblicié need is public saii°:ty._, %%%% _.n;t cvcn if speed ibr a pa;rticulm' clam of motor of the Act or the rules m¢¢m.a¢r$tt'tt' it is permissible in the to require: the fittmg of the speed inflsuchvyttfiiotor vehicles for the purpose of is no éangcr to thc pnbfic by the H Vahvtmomr which 'm a public place. The Sachs' 11 53 to thja extant jg wficr' .
secaoa 33 read with Section 45 leaves no doubt mom tnetgmpnume of power or the autiztorttics waned ._ duty it is to 00111101 and Icguhte the trafic 'm f géumac piaccs. The basic mt to be apphzud by mm for cxcmiseofthispoweristhcnaedtocnsmcthatthcm is no danger to the pubiic by use ofany motor vehicle £31 9. pubiic place.
7. It is imiisputabk: that heavy and ma _ 7 vehicles as well as light goods vehicles are _ themselves insofar % their é safety is conocrncd. There is, xnnnr.dm' % need to take measures such»?'as__. inséialfitiflon V control devices and ensuring' such' driven by authorised, Such designed to further pm:-jig be covered :_b"y:"
19. The on 'Transport, Temism its Report on the Motor Vch1c' lcs Amcndm g:'f1 1t_E3xi il,_ %§a£}o'z'};n 23.04.2003. In 1 20.3 o4f._thc " has welcomed the proposed 11; of the Motor Vchiclns Act, 1933 to the Central t to make: mics .' of Speed Govcmors in transport mine' has. ' to Committee, the installation offipwd in
-- fichicl::s is an importmt samy mqusxmnt. The V has expressed the vkw that we mquimmcnt xcgalding of Speed Gavcmors should be mplcmmted O1.O6.fi37'.A A' the quashmg ofAm1cxurm-J and M of the vim that in order to avoid hmvdship ta ' vehicles, the vehicles altmy mgistcmd should more than to fit Speed Governors as a mat and fimt a furthcr period of three months fiom today, fin" fit the systcznatitmlly and the violators of the provision be punished heavily, as over-speeding is one 0! mt the Iising number of accidents on the maria. n 1 j '
20. In the above circumstances, we was no justificafion for imuing 't® Anncxuxcsnl and M. By the Government of Karnataim ma! spixit of the pmvistons oonminead in th(':vA.t!.Ji~':.Jfi§.r 1933 and the Ce-ntra} Meter the hrger pubiic interest inifiilve-'1.'T : Notification datuti 29.06.2007 ciated 22.01.2903 an:
quashcd. Thai and 2 an: directbd to strictly dateq 23.03.2005 subject to in Anncxttm-H Notfication dam nstién of tuna' . Hence xwpomlcntsa-3 and 2 are dnucted' to 31/