Smt.Sasawati Ghosh Vs. the State of West Bengal and ors. - Court Judgment

Excerpt:

.....available in the market, even then permanent registration of bharat stage-iii compliant vehicles cannot be refused in the absence of any statute or statutory rule or regulation or even government order which prohibits registration of vehicles that are not bharat stage-iii compliant. the respondents have not been able to pin point any statutory provision or statutory rule or regulation or even government order which empowers the concerned respondents to refuse registration of vehicles that are not bharat state-iv compliant. there is apparently no such law. the writ application is disposed of by directing the petitioner to forthwith allot permanent registration and to take immediate steps for issuance of permit provided, of course, the requisite formalities are complied with. the vehicle shall be registered within seven working days from the date of communication of this order subject to payment of the requisite fees and charges, if any. the permit shall be granted within fifteen working days from the date of registration of vehicle. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Judgment:

The Court : The petitioner applied for permit on route No.71. The application was considered and a letter being Memo No.RTA/236(Con) dated 28.7.2010 was issued to the petitioner offering the petitioner permit subject to compliance with the requisite conditions.

In terms of the aforesaid offer letter, the petitioner was required to acquire a vehicle which was either Bharat Stage-III or Bharat Stage-IV. Obtaining finance from HDFC Bank, the petitioner has purchased a Bharat Stage-III vehicle. The vehicle has been registered temporarily.

However, the vehicle has not been granted permanent registration on the ground that the vehicle is not Bharat Stage-IV Compliant. The action of the respondent authorities in not registering the vehicle permanently on the ground of the vehicle not being a Bharat Stage-IV vehicle is legally unsustainable.

As per the letter of offer the petitioner was required to procure a vehicle which was either Bharat Stage-III or Bharat Stage-IV Compliant. If the petitioner opted for a Bharat Stage-III Compliant vehicle, registration cannot be refused. Mr. Bhattacharya, appearing on behalf of the petitioner submits that Bharat Stage-IV vehicles are not available in the market.

Even if Bharat Stage-IV vehicles are available in the market, even then permanent registration of Bharat Stage-III Compliant vehicles cannot be refused in the absence of any statute or statutory rule or regulation or even government order which prohibits registration of vehicles that are not Bharat Stage-III Compliant. The Respondents have not been able to pin point any statutory provision or statutory rule or regulation or even government order which empowers the concerned respondents to refuse registration of vehicles that are not Bharat State-IV Compliant. There is apparently no such law.

The writ application is disposed of by directing the petitioner to forthwith allot permanent registration and to take immediate steps for issuance of permit provided, of course, the requisite formalities are complied with.

The vehicle shall be registered within seven working days from the date of communication of this order subject to payment of the requisite fees and charges, if any.

The permit shall be granted within fifteen working days from the date of registration of vehicle.

Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.