Manikgarh Cement v. The State of Maharashtra and Ors. - (High Court of Bombay) (13 Apr 2016)

Transport Dept ought to allow representations before ruling on vehicle status

MANU/MH/0535/2016

Motor Vehicles

A dumper truck with rubber tyres cannot be termed ‘Construction Equipment vehicle’ under the Central Motor Vehicle Rules, 1989 unless it is shown that the tyres (or vehicle) were manufactured or modified for “off’ highway and “on” highway use. The matter follows in the tracks of previous decisions which have opined that though construction machinery is capable of being driven on public highways, such use was only “incidental”, and their actual use was never intended to be used in such an environment.

The Bench reprimanded the transport department for Maharashtra for not giving Petitioner an opportunity to prove that the vehicles are not construction equipment vehicles and thus not covered by the Central Motor Vehicle Rules. It allowed Petitioner to make representations to the same effect, before the matter was to be decided finally.

Relevant : Goodyear India Ltd. vs. Union of India and others MANU/SC/0487/1997 Western Coalfields Ltd. vs. State of Maharashtra and Anr. MANU/MH/0802/2003

Tags : CONSTRUCTION EQUIPMENT MOTOR VEHICLE HIGHWAY USE