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Judgment
Sudhanshu Dhulia, J.—The petitioner operates a Stage Carriage for which he has a valid permit. He is aggrieved by an order dated 17.03.2012 passed by Sub-Divisional Magistrate, Vikas Nagar, District Dehradun wherein certain restrictions have been made, inter alia of stage carnages which passed through Vikas Nagar. According to the respondents, such powers are vested with the Sub-Divisional Magistrate u/s 115 of the Motor Vehicles Act, which reads as under:-
Power to restrict the use of vehicles. The State Government or any authority authorized in this behalf by the State Government, if satisfied that it is necessary in the interest of public safely or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected u/s 116 at suitable places:
Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction.
The order dated 17.03.2012 which is impugned in this matter has been perused. The said order of the Sub-Divisional Magistrate has regulated the passage for the vehicles which are passing through Vikas Nagar. The same seems to be in the public interest. Undoubtedly the powers, which have been vested to the State Government, u/s 115 of the Motor Vehicles Act, are in public interest so that traffic is regulated in that particular area. However, the main contention of the petitioner is that Sub-Divisional Magistrate is not authorised to pass such order in view of Section 115 of the Motor Vehicles Act. Moreover, he further contends that in view of the proviso of Section 115 of the Motor Vehicles Act if the restriction has to continue beyond a period of one month then it has to be published in Official Gazette. The petitioner has further argued that there is also no notification in the Official Gazette as well.
In its counter affidavit State has neither categorically stated that Sub-Divisional Magistrate has any power u/s 115 of the Motor Vehicle Act nor they have stated that there is any publication in Official Gazette as required u/s 115 of the Motor Vehicle Act. Learned counsel for the petitioner further states that under Rule 180 to the Uttarakhand Motor Vehicles Rules, 2011 these powers have been given to the State Government, Which reads as under:-
Restrictions on the use and the speed of motor vehicles.
(1) A Superintendent of Police within a municipal corporation, municipality, or Nagar panchayat and a Registering Authority in other area within their respective jurisdiction may make such orders as they think fit restricting the speed of or restricting or prohibiting the use of motor vehicles, generally or any particular class or classes of motor vehicles, in any area or on any road. Such orders shall be published by notification in the official Gazette and also by means of notice boards at or near the place or road to which they apply.
Provided that in regard to the hill roads, the Superintendent of Police or the Registering Authority shall exercise the power conferred by this rule subject to the general control of the Regional Transport Authority.
(2) Where the Registering Authority has by an order made under sub-rule (1) restricted the driving of motor vehicles on one way traffic basis by fixing gate timings for movement of the vehicles from either end on any hill road the District Magistrate concerned or such other person as may be authorized by the Registering Authority in this behalf on being satisfied that the driving of any particular motor vehicle or motor vehicles outside the aforesaid gate timing is essential in public interest and is not likely to endanger the public safety, may permit it to be driven outside such gate timings subject to such restrictions as he may impose in the interest of public safety including the restriction that the vehicle in question shall in no case be driven at a speed exceeding 20 kilometers per hour.
From the perusal of the above rule, it is clear that these powers have been given to Superintendent of Police and not to Sub-Divisional Magistrate. Although this Court is of the view that the impugned order seems to be passed in public interest, yet it has not been notified as is the requirement of law u/s 115 of the Motor Vehicles Act.
In view of the above discussion, the order dated 17.03.2012 is hereby quashed. Let the State Government pass a fresh order in accordance with Section 115 of the Motor Vehicles Act so that the traffic at Vikas Nagar is regulated which seems to be in public interest.
Purely in the interest of justice and in order to avoid chaos in the said area, this order shall remain in abeyance for a period of one month to enable to concerned authority to pass appropriate orders.
Accordingly, the writ petition is allowed. The Registrar General of this Court is also directed to convey this order to Secretary, Ministry of Transport, Government of Uttarakhand. No order as to costs.