Jaipur: The Rajasthan High Court has refused to carry the ban on charging an extra charge of Rs 50 per day in the course of the interval between getting the automobiles’ health re-fitted after their health expired. Along with this, the court docket has rejected the applying filed by the Central Government on this regard. The division bench of CJ MM Srivastava and Justice Ashutosh Kumar gave this order whereas listening to the applying filed by the Central Government within the petition of Satpal Meel and others.
The court docket accepted that this quantity doesn’t come underneath the class of charges however comes within the type of penalty. In such a scenario, it can’t be recovered. It was stated within the utility that the court docket had just lately banned the gathering of an extra charge of fifty rupees per day after the health of the automobile expires until its renewal. The authorities has the precise to levy charges. In such a scenario, this order ought to be amended and permission to gather charges ought to be given. Opposing this, the petitioners stated that the availability of amassing an extra charge of fifty rupees is towards part 211 of the Motor Vehicles Act.
Read: Encroachment on forest land on the idea of spiritual sentiments just isn’t allowed, wonderful of Rs 5 lakh imposed – Rajasthan High Court
There isn’t any provision for penalty on this part, whereas the federal government is charging penalty within the identify of extra charges. In such a scenario, penalty can’t be charged within the identify of extra charges aside from health charge. After listening to the arguments of each the events, the division bench has rejected the applying of the Central Government. In the petition, advocate Satish Kumar Khandelwal advised the court docket that the Central Government had issued a notification on October 4, 2021. Under this, a provision was made to cost an extra charge of fifty rupees per day on automobiles whose health expired. This has been challenged by submitting a petition.
