The Uttarakhand High Court issued notice on the Public Interest Litigation (PIL) filed assailing the communication dated 30.01.2023, issued by the Additional Secretary, Government of Uttarakhand, to the Managing Director, Forest Development Corporation Ltd., forn permitting the miners to overload their trucks beyond the permissible limits, on the ground that the financial year is about to come to a close, and the targets have not been met.
The Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma have absolutely appalled the manner in which the respondents have issued the communication dated 30.01.2023.
The same is in the teeth of the judgment of the Supreme Court in Paramjit Bhasin and Ors. v. Union of India and Ors., (2005) 12 SCC 642, which was circulated for compliance by the Government of India, Ministry of Road Transport & Highways, to all the Principal Secretaries/ Secretaries (Transport) of all the States, including the State of Uttarakhand, on 06.07.2010. The communication dated 30.01.2023 is also contrary to the provisions of the Motor Vehicles Act, 1988.
Pertinently, the impugned communication does not fix any upper-limit on the excess weight, which may be carried by the vehicles, and the vehicle owner is merely charged royalty payable for the minor minerals in the vehicles and other fees, according to the Rules, and after receipt of the amount it does not restrict the operations of the vehicle for the next day, observed by the High Court.
The counsel for the respondents has tendered in Court the notification issued by the Central Government on 06.08.2018 bearing S.O. 3881(E) and S.O. No. 3467(E), issued under the provisions of the Motor Vehicles Act, 1988. Even this notification does not state that overloading to any limit would be permissible in contravention of the provisions of the Motor Vehicles Act, 1988, and the judgment of the Supreme Court taken note of hereinabove.
The Court accordingly, stayed the operation of the impugned communication dated 30.01.2023, and directed the respondent/ authorities to strictly enforce the aforesaid legal provisions, as well as the judgment of the Supreme Court in Paramjit Bhasin and Ors. (supra). The Regional Transport Officer is directed by the High Court to strictly enforce our orders. Non-compliance of the same shall be viewed strictly by the High Court.
The Court has listed the matter on 19.07.2023 for further hearing.