Delhi court slams ‘illegal’ sale of Gramin Sewa Vehicles after accident uncovers policy loophole

The matter has been listed for reporting compliance on July 2.

Dr Abhilash Malhotra, Judge, Delhi court highlighted a serious lack of coordination between the Delhi Police and transport authorities. (Image enhanced using AI)

Vehicle allegedly changed multiple hands without record updates

The accident was linked to a Gramin Sewa vehicle which, as per the charge sheet, was originally registered in the name of one Sikander.

The Delhi court recorded that the vehicle was subsequently sold to Karamvir, then to Manoj Kumar, and later to Vivek Kumar, who was arrayed as respondent number 3 in the case.

However, despite these transactions, the registration certificate was never updated to reflect the successive transfers.

The Delhi court expressed surprise that a public utility vehicle operating under a permit regime could continue to function despite repeated ownership transfers without compliance with statutory procedures.

“It is difficult to gobble the fact that a vehicle like Gramin Sewa, whose permit is issued in the name of a registered owner after following due diligence has transferred various hands without feeling the necessity to update the registration certificate record,” the Delhi court said.

The Delhi court noted that Gramin Sewa vehicles are public utility vehicles for which badges are issued to drivers and permits are regulated.

It added that unauthorised transfers not only violate Section 50 of the Motor Vehicles Act but also flout permit conditions, especially since such permits are not freely transferable during the prescribed period.

Court flags lack of coordination between police, STA

The tribunal also highlighted what it described as a serious lack of coordination between the Delhi Police and transport authorities.

The Delhi court noted that the vehicle involved in the accident was uninsured and had allegedly changed hands several times without any corresponding updates in the official registration records.

The tribunal underscored the need for stricter enforcement of transfer and permit regulations and called for urgent policy deliberations between the Delhi Police and the State Transport Authority (STA).

It said that despite the investigating agency becoming aware of the ownership irregularities during the investigation, no effort was made to inform the regional transport office (RTO) to initiate action under the Motor Vehicles Act.

“There is an absolute lack of coordination between the two State agencies in this regard,” the Delhi court remarked.

The court further said that where investigating agencies discover violations of Section 50 of the Motor Vehicles Act during criminal investigations, a mechanism should exist for the police to communicate such information to the transport authorities.

“There is an urgent need to develop a mechanism where the police can share information of sale/purchase, which is violative of Section 50 of the M V Act with the State Transport Authority,” the order stated.

Directions for policy deliberation

Emphasising the broader regulatory concerns involved in commercial vehicle operations, the tribunal directed that copies of the order be sent to the commissioner of Delhi Police and the Commissioner, STA for “necessary compliance and action.”

The Delhi court also directed the two authorities to urgently deliberate and formulate feasible policy measures to ensure strict compliance with the Motor Vehicles Act, particularly provisions dealing with the transfer of ownership and permit conditions applicable to commercial vehicles.