Rohit Jardhari vs State Of Uttarakhand And Others

Sudhanshu Dhulia, J

The petitioner's tractor has been seized by the District Authorities, as it was found that the tractor was being used for illegal mining purposes. This order has also been passed in view of the decision of the Division Bench of this Court dated 26.10.2018 passed in a Public Interest Litigation being Writ Petition (PIL) No. 162 of 2018, where the tractors were prohibited for any other use but for agricultural purposes. This part of the order, however, was subsequently modified by the Division Bench by order dated 05.03.2019 as follows:

"6. The petitioner's complaint, in this review application, is that the Division Bench had erred in proceeding on the premise that all tractors, with attached trailers, were to be used only for agricultural purposes; on fulfillment of certain conditions, certain tractors attached with trailers/trolleys were also registered as transportation vehicles; and, since the entire basis for prohibiting the use of tractor trolleys is that these tractors are to be used only for agricultural purposes, the order of Division Bench necessitates review. It is evident from Rules 173 and 174 (1) that certain trailers attached to tractors are also used as transport vehicles, under certain circumstances, provided they are registered as such with the office of Regional Transport authority.

In the light of the averments in the counter affidavit, and in as much as trucks and other light motor vehicles are being permitted to transport Minor Minerals, the order under review is modified to the limited extend that tractors with attached trolleys-trailers, duly registered with the office of the Regional Transport Officer, and which were hitherto being permitted by the Uttarakhand Forest Development Corporation, and the Uttarakhand Forest Corporation for transportation of Minor Minerals from the allotment lots of the corporation, shall only be permitted to transport such minerals strictly in accordance with the terms and conditions imposed both by the Uttarakhand Forest Development Corporation and the Uttarakhand Forest Corporation. Only such of the tractor cum trolleys, which are registered with the office of Regional Transport Office as transportation vehicles, shall be permitted to transport Minerals from the allotted lots of both the Corporations subject to such conditions as may be imposed both by the Uttarakhand Forest Development Corporation and the Uttarakhand Forest Corporation. The Review Applications are, accordingly, disposed of. No costs."

In pursuance of both the orders i.e. order dated 26.10.2018 and 05.03.2019, it is clear that only such tractors cum trolleys, which are duly registered with the office of R.T.O. and are being permitted by the Uttarakhand Forest Development Corporation and Uttarakhand Forest Corporation, shall be permitted for transportation of minerals from the allotted lots of both the Corporations in accordance with law.

Admittedly the tractor of the petitioner was neither registered with the R.T.O. nor is there any permission of the Forest Authorities. Therefore, the petitioner is liable to pay the penalty and the fines as provided under the law.

Writ petition is therefore disposed of with the direction that if the petitioner pays the penalty and fines as imposed by the authorities, the authorities shall consider releasing the vehicle in favour of the petitioner in accordance with law.