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| DB relaxes ban period for five weeks on plying commercial vehicle of 15 years old | | |
Jammu, Nov 22
The Division Bench of J&K High Court Jammu wing comprising Chief Justice BA Khan and Justice JP Singh in four CMPs filed by Transport Commissioner and two filed by United Quarry Association and Mini Bus Transport Federation seeking further extension in relaxation period of the ban imposed on moment of commercial Vehicles of more than 15 years of age vide Court order dated October 27, 2005, has relaxed the ban period for further five weeks expiring on December 22, 2006.
The Division Bench after hearing Advocate General AH Naik appearing for the State, Sr. Advocates Z A Shah and UK Jalali assisted by Advocate Anil Khajuira appearing for the applicants, Sr. Advocate DC Raina with Advocate Vikram Singh Court Counsel, observed that on May 18, 2006 while granting relaxation of six months, the Government afforded an opportunity and given option of examining the issue relating to relaxation period and moment of commercial vehicles of more than 15 years old through its high level coordination committee and after seeking expert opinion and to formulate its stand on the issue after taking in regard also, the Bhure Lal report basis of which the Supreme Court had prescribed 15 years age for commercial Vehicles in Delhi. Similarly, the two other applicants and transport operators/agencies were also asked by various orders to explore their alternatives for either replacement of more than 15 years old commercial vehicles or set their own house in order by what ever means in the interregnum. But, as it seems, due regard and compliance has not been shown to the mandate of Court directions by these applicants including other transport operators and agencies.
Division Bench took serious note of the compliance status submitted by the Government through Transport Commissioner; it seems that no worthwhile action had been taken by the concerned Governmental functionaries to implement the Court direction of MAY 18, 2006, which required the Government to examine the issue from all angels and to formulate its stand on it to enable the Court to come to a final conclusion on the subject. It is surprising that the official functionaries should have slept over the matter and failed to avail of this opportunity, for whatever reasons, constraining this Court to maintain the ban order on moment of more than 15 years old commercial vehicles.
This order in the very public importance was dictated by the Chief Justice BA Khan in the open on behalf of Division Bench, further took serious note of the status report of the Transport Commissioner observed that as a matter of fact the explanation offered by the Transport Commissioner in its status report suggest a cover up of sorts of the inaction of these functionaries in carrying out the mandate of the Court order. Similarly no compliance has been shown by transport operators/agencies. They seem to have been taken for granted that routine extensions would be granted by this Court to maintain the status quo.
DB further observed that all this should have persuaded Court to refuse any further extension in relaxation period, but given regard to the overall circumstances and conditions prevalent in the state and also the nature of the issue involved, the DB deems it just and appropriate to relax the ban period by further five weeks expiring on December 22, 2006, which shall allow all transport operators/agencies to ply and operate their commercial vehicles subject, of course to their possessing fitness and pollution under control certificates. While granting the extension the DB said that it still becomes necessary to impress upon the official functionaries, who should have been otherwise put under contempt of Court notice for their failure to implement the Court directions of May 18, 2006 to respond to the call of their duty to avail of one final opportunity to satisfy the mandate of the Court order which could facilitate the resolution of the controversy surrounding the ban order. DB directed Government through Chief Secretary to constitute an expert committee by inviting a nominee from Transport Operators also within one week. Even the committee, which had assisted the Supreme Court in the matter and which was headed by Mr. Bhure Lal, former Cabinet Secretary Government of India could also be requested to examine the issue and report. With these observations Court directed Advocate General to report instructions on composition of this committee on November 28, 2006.
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