Society of Indian Automobile Manufacturers and Anr v. The State of Assam and 2 Ors

ORDER Date : 01.02.2024

Heard Mr. S. Narayan, the learned counsel appearing on behalf of the writ petitioners in WP(C) No.4994/2015 and Mr. D. Das, the learned counsel appearing on behalf of the writ petitioners in WP(C) No.4667/2015. I have also heard Ms. M. D. Borah, the learned Standing counsel appearing on behalf of the Transport Department.

¶2Both the writ petitions have been filed challenging the WT Message dated

06.08.2015 issued by the Joint Commissioner of Transport, Assam as well as the Office order dated 07.08.2015 issued by the District Transport Officer, Dibrugarh, Assam.

¶3From a perusal of the impugned WT Message as well as the impugned Office Order, it reveals that the said orders were passed in pursuance to certain interim directions passed by the learned Division Bench of this Court in PIL No.42/2015 and PIL No.38/2015. It has been stated at the bar that the said two PIL in the meantime have already been dismissed by the learned Division Bench of this Court and the said interim orders have also lost its force. Page No.# 4/4

¶4Be that as it may, it has also been submitted by the learned counsels for the Petitioners that the manufacturers of the vehicles who are the members of the Petitioner in WP(C) No.4994/2015 as well as the Petitioners in WP(C) No.4667/2015 have duly complied with the crash test and emission test and such reports are duly submitted before the concerned authority.

¶5Ms. M. D. Borah, the learned Standing counsel appearing on behalf of the Transport Department submitted that if a vehicle is required to be registered, it is the requirement that the said vehicles confirm with the Motor Vehicles Act, 1988 and the Rules framed thereinunder. The Transport Department of the Government of Assam has no objection in registering such vehicles which duly confirm with the said Act and the Rules.

¶6Taking into account the above, this Court disposes of both the writ petitions by setting aside and quashing WT Message dated 06.08.2015 as well as the Office Order dated 07.08.2015 and further directing the Respondents Authorities to carry out the registration subject to compliance with the provisions of the Motor Vehicles Act, 1988 as well as the Rules framed thereinunder.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010241202015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4994/2015o SOCIETYoOFoINDIANoAUTOMOBILEoMANUFACTURERSoandoANRo HAVINGoITSoOFFICEoAToCORE4B,o5THoFLOOR,oINDIAoHABITAToCENTREo LODIoROAD,oNEWoDELHI-110003oACTINGoTHROUGHoITSoSENIORo DIRECTOR-oMR.oATANURoGANGULIo 2:oMR.oSHANTAoPRASADoCHAKRAVARTY oPROPRIETORoOFoM/SoPASUPATIoTRADERS oP.N.oROAD oCHIRINGoCHAPORIoDIBRUGARH oASSAM-o786001o VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo THROUGHoTHEoCHIEFoSECRETARY,oGOVERNMENToOFoASSAMoASSAMo SACHIVALAYAoBLOCK-C,o3RDoFLOOR,oDISPUR,oGUWAHATI-o781006,o 2:DEPARTMENToOFoTRANSPORT oSTATEoOFoASSAMoTHROUGHoTHEoCOMMISSIONERoOFoTRANSPORT oPARIBAHANoBHAWAN oJAWAHARoNAGAR oKHANPARA oGUWAHATI-o781022 oASSAM. 3:DISTRICToTRANSPORToOFFICER oDIBRUGARH oA.T.oROAD oPHOOLoBAGANoP.O.oDIBRUGARHoDIST.oDIBRUGARH oASSAMo Page No.# 2/4 Linked Case : WP(C)/4667/2015 MARUTI SUZUKI INDIA LIMITED and ANR. THROUGH IT AUTHORISED SIGNATORY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 1 NELSON MANDELA ROAD VASANT KUNJ NEW DELHI- 110070 DELHI INDIA. 2: SUJATHA BALACHANDER W/O BALA BALACHANDER RESIDENT OF D-97 ANAND NIETAN NEW DELHI-110021. VERSUS THE STATE OF ASSAM AND 3 ORS THROUGH THE CHIEF SECRETARY GOVT. OF ASSAM ASSAM SACHIVALAYA BLOCK-C 3RD FLOOR DISPUR GUWAHATI- 781006 2:DEPARTMENT OF TRANSPORT STATE OF ASSAM THROUGH THE COMMISSIONER OF TRANSORT PARIBAHAN BHAWAN JAWAHAR NAGAR KHANAPARA GUWAHATI-22 3:OFFICE OF DISTRICT TRANSPORT OFFICER DIBRUGARH ASSAM STATE OF ASSAM THROUGH THE DISTRICT TRANSPORT OFFICER DIBRUGARH A.T. ROAD Page No.# 3/4 PHOOL BAGAN P.O. DIBRUGARH DIST. DIBRUGARH ------------ For the Petitioner(s) : Mr. S. Narayan, Advocate : Mr. D. Das, Advocate For the Respondent(s) : Ms. M. D. Borah, SC, Transport Department BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH