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Old vehicles: court seeks clarity of ambit of rule

A division bench of the Bombay High Court has sought to clear some doubts over whether a vehicle registered outside Mumbai can be seized in the city and scrapped if it is over eight years old and is not retrofitted with gaskits.

Written by Mustafa Plumber | Mumbai |
November 1, 2010 10:08:27 am

A division bench of the Bombay High Court has sought to clear some doubts over whether a vehicle registered outside Mumbai can be seized in the city and scrapped if it is over eight years old and is not retrofitted with gaskits.

The bench sought a clarification from the Regional Transport Office regarding the ambit of a 2004 High Court order that such vehicles should be scrapped. The RTO replied it was applicable only for vehicles registered in Mumbai and the bench referred the matter back to Justice D Y Chandrachud,party to the original order.

The division bench of Justice B H Marlapalle and Justice U D Salvi,hearing a petition filed by a Thane transporter,Sharad Sharma,whose old truck was seized by the RTO on September 4,had said,“As per the HC order,all commercial vehicles over eight years have to be retrofitted with greener gases or else would be scrapped. However,whether the rule is applicable to vehicles registered in the city or also in Thane and Navi Mumbai is not clear. We would like a clarification on it as it pertains to a larger issue.”

A senior official Regional Transport official had been told to file a reply. Deputy Commissioner,RTO,M B Jadhav,last week informed the court,“As per the 2004 order,it is applicable to vehicles registered in Mumbai and does not include those registered outside.”

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Seeking the release of the truck on payment of a fine,Sharma’s lawyer A P Madhuri argued that earlier two vehicles had been released after levying similar fines but the bench said the release orders in the cited cases were obtained by giving out erroneous information.

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