Indian Kanoon - Search engine for Indian Law

Patna High Court CWJC No.4310 of 2021 dt.25-04-2022

7. English Translated version reads as under:-

" Government of Bihar Transport Department Notification No.- 03/overloading (DALA Fixation) 01/2020 Tr. 8536 Patna dated 16-12-2020.

Overloaded vehicles operating in the State of Bihar are damaging important roads, bridges, infrastructure and also affecting the revenue. There is a need for better maintenance of Bridges and roads and effective control over the movement of overloaded vehicles. Therefore, in exercise of the powers conferred on the State Government in Section 115 of the Motor Vehicles Act, 1988 (as amended 2019).

63. Therefore, the impugned notification appears to be, though prompted, without any application of mind or proper appreciation and application of the MV Act in enforcing the provision, checking the alleged malpractices of overloading the vehicle(s) of such goods. This vitiates both the decision and the decision-making process as any conclusive cogent material did not support it.

64. The ground of arbitrariness as held by Hon'ble the Patna High Court CWJC No.4310 of 2021 dt.25-04-2022 Apex Court is not a separate ground within Indian Law. It is subsumed by Article 14. One must satisfy non-arbitrariness for any law to pass muster.

67. In the considered view of this Court, the four prongs are not satisfied. The legitimate goal indicated by the words of the notification, "It is necessary to maintain bridges and roads Patna High Court CWJC No.4310 of 2021 dt.25-04-2022 properly and control the transportation of overloaded vehicles effectively," was to prevent overloading. Here only we take note of Section 58 of the MV Act, which is titled as special provisions regarding transport vehicles, explicitly empowering the Central Government to specify by notification the maximum weight both gross and axle. Connectedly, an effective alternative does exist, i.e. the imposition of penalty under Section 194 of the MV Act and regulation of weight according to a notification dated 16.07.2018 issued by the Ministry of Road Transport And Highways, Government of India, under Section 58(1) of the said Act which lays down maximum safe axle weight1.

(b) keeping in mind the condition of the bridges and other roads which may require such regulation, directions may be issued to the State or the Regional Transport Authority with regard to laden weight that may be allowed on them;

(c) to ensure that mechanism to weighbridges (Section

114) in accordance with the prescribed limit may be available at regular intervals so as to ensure that overloaded vehicles do not cause damage, both physical or monetary;