JUDGMENT
T.H.B. Chalapathi, J.
1. This petition is filed by a resident of Jhajjar, District Rohtak for issuance of a writ of mandamus directing the respondents namely State of Haryana through Secretary & Commissioner, Department of Transport, Haryana and State Transport Commissioner, Haryana, to comply with the provisions of the Motor Vehicles Act, 1988 with regard to the fitness and emission of smoke etc. from the State Transport Vehicles and other vehicles which are plied in the State of Haryana and also to issue a direction to them to stop the goods carrier from taking passengers and to stop unauthorised vehicles such as ‘Jugars’ being used in the State for carrying passengers and to adopt measures against three wheelers which are plied on rural routes from carrying more than 10 passengers and to provide full safety and comfort in the buses.
2. This writ petition is in the nature of a public interest litigation. This Court in CM No. 3543 of 1995 filed in this writ petition passed an order as follows:-
“In this petition, a prayer was made for issuance of directions to the respondents to comply with the provisions of the Motor Vehicles Act with regard to fit-ness and emission of smoke etc. and taking appropriate action by preventing the plying of unauthorised vehicles, known as ‘Jugars’ in the State of Haryana. Jugars are being plied without the authority of law and admittedly against the provisions of Motor Vehicles Act. The so-called vehicles are not even registered with the authorities. Safety of the common man is endangered by plying of the Jugars. It has been brought to our notice that a number of accidents have been caused by such Jugars, but the unfortunate victims have not been in a position to claim compensation on account of non-existence of ownership of such vehicles in the record of the Transport Department and in the absence of the aforesaid vehicles being insured. We had earlier issued various directions to the respondents to take effective steps for preventing the plying of the Jugars, which endanger the life and safety of the people. However, on account of lapses attributable to various authorities, no effective steps have been taken in the matter. Keeping in view the safety of the common man and the danger to which he is subjected to by plying of such Jugars against the provisions of law, an interim direction is issued that no such Jugars shall be permitted to ply in the State of Haryana under any circumstances. All such Jugars being plied shall be seized by the concerned law enforcing agencies of the State. Since the aforesaid vehicles are being plied against the provisions of law and these vehicle are not recognized under the Motor Vehicles Act, the same cannot be released in favour of a person who is not even admitted to be the registered owner of such vehicle. Despite directions, we have not been intimated as to how such unauthorised vehicles were ordered to be released and by whom. Prima facie, it appears to us that the aforesaid Jugars could not be released either by the law enforcing agencies or by the Magistrates. The requisite information be obtained and placed before the Court on the next date. The Magistrate before whom applications for releasing such vehicles are filed, are expected to pass order in accordance with the provisions of the Motor Vehicles Act/Criminal Procedure Code and keeping in view the observations made in this order.
Director General of Police and the State Transport Commissioner are directed to send copies of this order to all their Subordinates for its punctual compliance in letters and spirit.
Registrar of this Court is also directed to send copy of this order to all the Magistrates exercising powers under the Code of Criminal Procedure and dealing with seizure and release of vehicles”.
3. There is no dispute that the authorities have to comply with the provisions of law. The provisions of Motor Vehicles Act, 1988 and the rules made thereunder from time to time laid down the rules for granting fitness certificate and to prevent the pollution of smoke thereby controlling pollution of air. There cannot be any difficulty in granting the fitness certificate in accordance with the provisions of law. I, therefore, direct respondents No. 1 to 3 to comply with the provisions of Motor Vehicles Act, 1988 and the rules framed thereunder while issuing the fitness certificates to the motor vehicles plied in the State of Haryana and also take necessary steps under the relevant provisions of law to prevent the emission of smoke from the motor vehicles under the relevant rules.
4. The provisions of Motor Vehicles Act clearly prohibit carrying of passengers for hire in the transport goods carriers. Any violation thereof is punishable under the relevant provisions of law. Therefore, a direction is issued to the respondents to check goods carriers frequently and if there is any violation by carrying passengers in the goods carriers vehicles, necessary action be taken against the violators in accordance with the provisions of law.
5. The petitioner has also prayed for the stoppage or unauthorised use of vehicles such as ‘Jugars’ on the road. Jugar is a vehicle fitted with an engine. Under sub section (28) of Section 2 of the Motor Vehicles Act, 1988, motor vehicle has been defined as follows:-
“2(28) “motor vehicles or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external of internal source and includes a chassis to which a body has not been attached and a trailer but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding (twenty five) cubic centimeters.”
6. Therefore, any vehicle which is mechanically propelled for use on roads comes within the definition of motor vehicle. Under the provisions of the said Act, no vehicle can be plied without a licence. Therefore, respondents Nos. 1 and 3 are directed to take effective steps to prevent the plying of the ‘Jugars’ on the public places without getting them registered and obtaining necessary licence under the provisions of Motor Vehicles Act.
7. With the above directions, the writ petition is disposed of. There will be no order as to costs.