Patna High Court - Orders
Vikas Kumar (Nh-30- Ara- Mohania Pkg- I ... vs The Union Of India on 20 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2921 of 2022
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Vikas Kumar (NH-30- Ara- Mohania pkg- I and II)
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vikas Kumar (In Person)
For the State : Mr. P.K, Shahi, Advocate General
Mr. Anjani Kumar, Sr. Advocate AAG-4
Mr. Alok Kumar Rahi, Advocate
For the NHAI : Mr. Dr. K.N. Singh (Asg), Sr. Advocate
Mr. Sanat Kumar Mishra, Advocate
Mr. Shivaditya Dhari Sinha, Advocate
Mr. Abhinav, Advocate
For U.O.I.(Railway) : Mr. Amish Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
20 20-02-2026In pursuance of the order dated 30.01.2026, 8th supplementary counter affidavit has been filed on behalf of the respondent no. 3, NHAI, duly sworn by one Ranjeet Kumar Verma, Project Director, Sasaram PIU, National Highway Authority of India wherein, it is stated as follows:-
"4. That the total length of the Project is 4.5 KM and the Appointed Date, i.e., the date of commencement of the Project, is 6th October, 2025. The Construction Period stipulated under the Concession Agreement is 1.5 (one and a half) years. Accordingly, the Scheduled Project Completion Date is 6th April, 2027, being 548 days from the Patna High Court CWJC No.2921 of 2022(20) dt.20-02-2026 2/9 Appointed Date. It is respectfully submitted that the Project is expected to be completed within the stipulated construction period.
5. That with regard to the regulation of overloaded vehicles/trucks, it is submitted that the same is being carried out strictly in accordance with the guidelines issued by the National Highways Authority of India and the provisions of the Concession Agreement. In this regard, Static Weighbridges of 100 MT capacity have been installed on both sides of the Toll Plaza at Chainage 16+030, situated in Village Babhaniyawan. Further, MS-WIM (Mainline Weigh-in-Motion) systems have been installed across all eight lanes for continuous monitoring of axle load and gross vehicle weight of passing vehicles. It is further submitted that the Static Weighbridges and the MS-WIM systems have been duly handed over to the agency operating the Toll Plaza for operation, monitoring, and ensuring necessary compliances in accordance with the applicable guidelines and contractual provisions
6. That with respect to the structural condition and alleged cracks in the bridges falling under the Project Highway, it is submitted that all such bridges have been duly inspected in accordance with the applicable inspection protocols and contractual provisions. Upon inspection, the bridges are found to be in sound structural condition. No structural defects, cracks of structural significance, or distress affecting Patna High Court CWJC No.2921 of 2022(20) dt.20-02-2026 3/9 the stability, load-carrying capacity, or safety of the bridges have been observed.
7. That however, the approach section of VUP-I at Chainage 50+611, falling in Village Maliyabag, and another VUP-II at Chainage 22+500, falling under Village Jagdishpur, were reported to have been affected. Immediately upon such occurrence being brought to the notice of the NHAI and the Contractor, necessary precautionary measures were undertaken in the interest of public safety, including diversion of traffic through the service road.
8. That the rectification and restoration works in respect of the aforesaid approach sections of the VUPs are presently underway and have reached an advanced stage of completion. The NHAI is making all earnest and concerted efforts to ensure that the restoration of both approach sections is completed on or before 31st March, 2026."
2. On perusal of the paragraph no. 5 of the said affidavit, we find that though some provisions have been made for the weighbridges to regulate the overloaded vehicles/trucks, but nothing has been mentioned therein that what actions have been taken on such overloaded vehicles/trucks.
3. Section 113 of the Motor Vehicles Act, 1988 reads as follows:-
"113. Limits of weight and limitations on use.
Patna High Court CWJC No.2921 of 2022(20) dt.20-02-2026 4/9 (1) The State Government may prescribe the conditions for the issue of permits for 1 [transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.
(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer-
(a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or
(b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration.
(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause
(a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer."
3.1. Section 114 of the Motor Vehicles Act, 1988 reads as follows:-
"114. Power to have vehicle weighed.2
(1) [Any officer of the Motor Vehicles 3 Department [for any other person authorised in this behalf by the State Patna High Court CWJC No.2921 of 2022(20) dt.20-02-2026 5/9 Government shall, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113] require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions.
(2) Where the person authorised under sub-
section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit.
4. Section 194 of the Motor Vehicles Act, 1988 prescribes punishment for the driving of vehicle exceeding permissible limit and the section is quoted hereinbelow:-
"6[(1) Whoever drivers a motor vehicle or causes or allows a motor vehicle to be Patna High Court CWJC No.2921 of 2022(20) dt.20-02-2026 6/9 driven in contravention of the provisions of Section 113 or Section 114 or Section 115 shall be punishable with [x x x] fine of [of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for off-loading of the excess load.)] 1 [Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.] 1 [(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load:
Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit: Provided further that nothing in this sub- section shall apply when such motor vehicle has been given an exemption by the competent authority authorised in this behalf, by the State Government or the Patna High Court CWJC No.2921 of 2022(20) dt.20-02-2026 7/9 Central Government, allowing the carriage of a particular load.] (2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under Section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine [of forty thousand rupees]¹."
5. When we made a query to the learned senior counsel appearing for the NHAI as to whether any provision has been made for collecting the fine amount from such overloaded trucks as per provision under section 194 of the Motor Vehicles Act, 1988 after it is found that those are overloaded. Learned senior counsel seeks for some time to obtain instruction in that respect.
6. Learned Advocate General has pointed out that there is nothing in the said affidavit that after the detection of the overloaded vehicles/trucks, whether they were allowed to pass as such or any steps have been taken to reduce the weight by arranging any other vehicles to carry the excess materials.
7. Learned Advocate General is requested to give the suggestions, by way of an affidavit, to a competent person as to how the entire process can be streamlined and the appropriate Patna High Court CWJC No.2921 of 2022(20) dt.20-02-2026 8/9 fine can be collected in accordance with law from such vehicles/trucks which were found to be overloaded so also for taking steps for reducing the weight of the vehicle by unloading the excess weight of materials and then to allow the vehicle to pass.
8. Needless to say that in view of the proviso of sub section 1 (A) of section 194 of the Motor Vehicles Act, 1988, it is mentioned that the motor vehicles shall not be allowed to move before such load is arranged in a manner that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit.
9. As per the suggestions given by the learned Advocate General as well as Dr. Singh, learned senior counsel appearing for the NHAI, let the Secretary, Transport Department, State of Bihar; Transport Commissioner, State of Bihar; Regional Officer, NHAI; Regional Officer, Ministry of Road Transport & Highways sit together to work out ways and means to sort out this issue and in the affidavit to be filed by the State as well as by the NHAI, this specific development in this regard shall be highlighted.
10. The Ministry of Road Transport & Highways shall also file a separate affidavit in this regard. Patna High Court CWJC No.2921 of 2022(20) dt.20-02-2026 9/9
11. Needless to say that though this particular matter relates to the transport project of National Highway No. 30, Ara- Mohania, (Package I & II) Road but this Court thinks it proper in view of the previous order passed, should be worked out for all the roads and bridges of the State of Bihar.
12. List this matter on 20.03.2026.
13. In the meantime, the affidavits shall be exchanged between the parties.
(Sangam Kumar Sahoo, CJ) (Harish Kumar, J) guddukr/-
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