MV Act: HC stay on addl fee rule

Vijay Arora

Shimla, August 31

The High Court has stayed the provision of levying additional fee for the grant or renewal of certificate of fitness for motor vehicles.

While passing the interim order, a division bench comprising Chief Justice V Ramasubramanian and Justice Anoop Chitkara issued notices to the Central and the state governments on a petition filed by the Mangal Land Loosers and Effected Transport Co-Operative Society challenging the provision of the Central Motor Vehicle Rules, whereby an additional fee of Rs 50 for each day of delay after the expiry of the certificate of fitness was to be levied, for the grant or renewal of the certificate.

It was further contended that this is in addition to the fee of Rs 200 for the grant or renewal of certificate of fitness. The petitioner is not aggrieved by the levy of Rs 200 for the grant or renewal of certificate of fitness.

The petitioner is only aggrieved by an additional levy of Rs 50 for each day of delay.

While staying the provision, the court observed, “The very same rule has been challenged before the Madras High Court and the Madras High Court held the levy of additional fee to be without authority. Therefore, Rule 81 of the Central Motor Vehicles Rules, to the extent of imposition of additional fee was declared void by the Madras High Court.”

It observed that “once a Central rule is declared void by one High Court, the same will be in force throughout the country”.

Passing the direction, the court directed the authorities of both governments to file their replies within six weeks.