2011 (8) TMI 1122

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sport operators [hereinafter referred to as the "transporters"] are in appeal by special leave before us, claiming that they have the right to carry luggage of the passengers on the roof of their vehicles. In all, there are six appeals and three writ petitions before us, but for the sake of convenience, we will refer to the factual scenario in C.A. No. 1507 of 2007, as the same dicta will also be applicable to the rest of the matters. 3. The transporters operate tourist vehicles between the States of Karnataka and Maharashtra and have been granted tourist permits by the State Transport Authority of Karnataka under Section 88 of the Motor Vehicles Act, 1988 [hereinafter referred to as "the Act"]. The respondents, by their communication/circular dated 15.12.1995 had issued instructions to all the subordinate authorities under the Act to ensure that there was no luggage carried on the roof of the vehicles, as the same was not permissible under law. Due to this instruction, the checking authorities had started imposing and collecting fines to the tune of `1500/- for each entry and exit from the transporters for carrying goods on the roof of vehicles with tourist permits. 4. Aggri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ovisions to be mandatory. It is also settled position of law that if a provisions (sic.) requires a thing to be done in a particular manner, it has to be so done, or not at all. When the provision indicate place or places where luggage holds are to be provided, by necessary implication, other places for luggage holds stand excluded. In this view of the matter we proceed to accept the interpretation of Rule 128(9) as contended by the learned counsel for respondents. We are not accepting the submission of the petitioner that in the absence of a specific restriction in regard to having luggage holds/carrier on the roof of the vehicle the petitioners cannot be prevented from carrying the goods/luggage on the roof of the vehicle. On the contrary we are of the clear view that luggage has to be stored at the places specifically permitted by sub rule 9(i) viz., at the rear or at sides or both, but not the roof of the vehicle." 6. The transporters are represented by Shri. Rakesh Dwivedi, learned senior counsel, and Ms. Madhavi Divan, learned counsel appears for the respondent-State. 7. The learned senior counsel, Shri. Rakesh Dwivedi, submits that in Rule 128 (9), there is no express ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... accordance with Rule 128 (9). The learned counsel further submits that the incorporation of Rule 93 into Rule 128 is only for the purpose of complying with the dimensions of the vehicle laid down in that Rule and the reference to the ladder for loading luggage on the roof is only for the purpose of excluding the length of the ladder, while calculating the overall dimensions of the vehicle, and does not, in any way, imply that a tourist vehicle may carry luggage on the roof of the vehicle. She further states that Rule 128(9) is a special provision for tourist vehicles only and they would override any general provision like Rule 93, and that loading any luggage on the roof of a vehicle is detrimental to the balance of the vehicle and thereby the safety of the passengers inside the vehicle. Ms. Divan also states that the transporters are duty bound by Rule 128(9) to ensure that there is sufficient space to house the luggage of the passengers and any plea of placing the extra luggage on the roof of the vehicle due to insufficiency of space in the compartment at the rear and/or sides of the vehicle, would itself be a violation of the Rule. By placing reliance on case laws, the learned ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or, or guard rail or a direction indicator rub-rail (rubber beading) having maximum thickness of 20 mm on each side of the body shall not be taken into consideration in measuring the overall width of a motor vehicle. ......  (3) In the case of an articulated vehicle or a tractor-trailer combination specially constructed and used for the conveyance of individual load of exceptional length,--  (i) if all the wheels of the vehicle are fitted with pneumatic tyres, or  (ii) if all the wheels of the vehicle are not fitted with pneumatic tyres, so long as the vehicle is not driven at a speed exceeding twenty-five kilometers per hour, the overall length shall not exceed 18 metres. Explanation.--For the purposes of this rule "overall length" means the length of the vehicle measured between parallel planes passing through the extreme projection points of the vehicle exclusive of--  (i) a starting handle;  (ii) any hood when down;  (iii) any fire-escape fixed to a vehicle;  (iv) any post office letter-box, the length of which measured parallel to the axis of the vehicle, does no....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rmit. One of the general conditions is that the vehicle is, at all times, to be so maintained as to comply with the requirements of the Act and the Rules made thereunder. The authorities are empowered to cancel or suspend the permit on the breach of any of the general conditions specified in Section 84 or any other condition which is contained in the permit. Section 86 of the Act lays down the power of cancellation and suspension of permit and Section 200 of the Act confers power on the State Government that it may, by notification in the official gazette, specify the various compounding fees for the breach of the permit conditions. 13. Rule 128 (9) is a special provision meant for laying down specifications for a tourist vehicle. The sub-Rule specifically provides that in a tourist vehicle, the permit holder should only provide luggage holds at the rear or at the sides or both, of the tourist vehicle with sufficient space and size. When the Rules specifically make a provision in regard to the place where luggage holds shall be provided by necessary implication, it goes to exclude all the other places of the tourist vehicle for being used as luggage holds. In our view, since the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nterpretation one should not concentrate too much on one word and pay too little attention to other words. No provision in the statute and no word in any section can be construed in isolation. Every provision and every word must be looked at generally and in the context in which it is used. It is said that every statute is an edict of the legislature. The elementary principle of interpreting any word while considering a statute is to gather the mens or sententia legis of the legislature. Where the words are clear and there is no obscurity, and there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to take upon itself the task of amending or alternating the statutory provisions. Wherever the language is clear the intention of the legislature is to be gathered from the language used. While doing so, what has been said in the statute as also what has not been said has to be noted. The construction which requires for its support addition or substitution of words or which results in rejection of words has to be avoided..." 17. In Bhavnagar University v. Palitana Sugar Mill (P) Ltd., (2003) 2 SCC 111, this Court held: "....