A.T.R.Truck Owners Association And ANR. v. The Chief Secretary And ORS.
IN THE HIGH COURT AT CALCUTTA
[CIRCUIT BENCH AT PORT BLAIR] ...
WPA/793/2023 A.T.R Truck Owners Association and another Vs.
The Chief Secretary and Others Mr. Gopala Binnu Kumar ... for the petitioners Mr.Shatadru Chakraborty ... for the respondents July 17, 2023 (AKB) Item No.29 Mr. Kumar, learned advocate appearing for the petitioners submits that the members of the petitioner no. 1, namely, A.T.R. Truck Owners Association (in short, the said Association) ply trucks carrying goods in different parts of these Islands to earn their livelihood. On 25th June, 2023 a paper publication was made in a newspaper under the caption 'Fitment of vehicle location tracking device & emergency button made mandatory in all public vehicle'. Mr. Kumar submits that though the said Association members do not come within the purview of the said publication, the authorities were insisting for the fitment of the Vehicle Location Tracking Device (in short VLTD) in the trucks belonging to the members of the said Association and preventing the members from plying their vehicles. Aggrieved thereby, the petitioner no.2 submitted a representation on 30th June, 2023 to the respondent no. 3 but the same had not been considered.
Mr. Chakraborty, learned advocate appearing for the Administration, however, submits that the representation dated 30th June, 2023 has already been considered by the registering authority and a decision has been taken, as would be explicit from the memo dated 15th July, 2023. A copy of the said memo, as placed, be kept in record. A copy
of the said memo has also been handed over to Mr. Kumar in Court today.
The first and second paragraphs of the said memo read as follows:
"I am directed to refer your letter dated 30.06.2023 and to inform that as per initial Notification No. GSR 1095 (E) dated 28.11.2016 issued by the Ministry of Road Transport and Highways, Govt. of India for making amendment in Central Motor Vehicle Rule, 1988 by inserting Rule 125- H, fitment of vehicle location tracking device (VLTD) and emergency button has been made mandatory in all public service vehicles (motor vehicle used or adapted to be used for the carriage of passengers for hire or regard and includes a maxi cab, a motor cab, contract carriage and stage carriage) except two wheelers, E-rickshaw, three wheeler and any transport vehicle for which no permit is required). Subsequently, the Ministry vide Notification No. GSR 617 (E) dated 03-08-2022 included vehicles of categories N2 & N3 (Goods vehicles in which Gross Vehicle Weight (GVW) are exceeding 3500 Kgs) carrying dangerous or hazardous goods, for mandatory fitment of VLTDs.
For any other category of vehicles other than that mentioned above, fitment of VLTD is not required as on date. However as and when any Notification in this regard is issued by MoRTH, GOI, the categories of vehicles will be incorporated in the mandatory fitment of VLTD list. Prior to doing so, intimation to general public will be made."
In view of such decision taken by the competent authority, the grievance of the petitioners stands redressed and as such no further order is required to be passed in the writ petition.
The writ petition, being WPA/793/2023, is, accordingly, disposed of.
There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, may be supplied to the parties upon compliance of usual formalities.
(Tapabrata Chakraborty, J.)