The Hindu : New Delhi News : Deadline to enforce speed governor rule extended

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Wednesday, Oct 01, 2008
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New Delhi

Deadline to enforce speed governor rule extended

J. Venkatesan

Matter posted for disposal in the second week of December

Supreme Court refuses to stay High Court order
‘Centre has decided to come out with a uniform policy’

New Delhi: The Supreme Court on Tuesday extended by one month (till October 31) the time limit granted by the Karnataka High Court to fit speed governors on all old commercial vehicles plying in the State.

The High Court, while making it mandatory for all transport vehicles to have speed governors, had directed the Government to ensure that all old commercial vehicles had the speed-controlling device by September 30 and not to register new vehicles without speed governors after June 30. The State, while implementing the order in respect of new vehicles from July 1, is aggrieved at the order on old vehicles.

The petitioners, the State, the Association of Commercial Vehicle Operators, and the Karnataka and Mysore Rasthe Sthaliya Saraku Saganike Malikara Sangha sought quashing of this judgment.

A Bench comprising Chief Justice K.G. Balakrishnan, Justice Ashok Bhan, Justice P. Sathasivam and Justice J.M. Panchal, while refusing to stay the High Court order, extended the time limit by one month and posted the matter for final disposal in the second week of December. Appearing for Karnataka, the State Advocate General Udaya Holla said: “Implementing the order had inter-State ramifications. Over 20,000 commercial vehicles pass through Karnataka every day and if the order is not stayed, we may have to stop all these vehicles on the State’s border. There will be total chaos and law and order problem if we stop the vehicles and economy of the southern States will collapse.”

He said the Centre had convened a meeting of all States and it was decided that the Centre would come out with a uniform policy. He pleaded for ordering status quo till a uniform decision was taken. Senior advocate P.P. Rao, who also appeared for the State, said the issue of speed limit was pending before a committee. The order on speed governors could not be implemented without fixing speed limit for vehicles.

The Chief Justice of India said: “If there is any difficulty, we can extend the time limit, but we cannot stay the order.”

Solicitor General for the Centre G.E. Vahanvati said that it was the responsibility of the State to deal with the matter. “This is a problem created by them (State) as you have issued a notification to implement the order and you have been extending it from time to time. You don’t take cover under the Centre. You implement the High Court order.”

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