Jammu & Kashmir High Court deflates RTO, says re-registration of vehicle registered not required

Jammu & Kashmir High Court deflates RTO, says re-registration of vehicle registered not required

The Jammu & Kashmir High Court quashed an RTO circular regarding re-registration of vehicles registered in other states

The Jammu & Kashmir High Court has quashed a contentious circular issued by the local Regional Transport Office (RTO) making it mandatory for vehicles bearing registration plates of other states to apply for new registration in the Union Territory (UT).

A Division Bench at Srinagar comprising of Justices Vinod Chatterji Koul and Ali Mohammad Magrey observed that the circular did not meet the requirement of Section 47 of the Motor Vehicles Act and it unnecessarily affected vehicles entering the UT.

Section 47 of the Act provides that when a motor vehicle registered in one State has been kept in another State, for a period exceeding 12 months, the owner of the vehicle shall apply to the Registering Authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration number.

The Court held that the circular in question was unnecessary and without authority to the extent of warning the vehicle owners with outside registration entering the UT for their assignment of new registration mark compulsory.

"If the vehicle once registered in any State in India, it shall not be required to be registered elsewhere in India," except in accordance with Section 46 of the Act, i.e. when the vehicle is kept in another State for a period of exceeding 12 months, the Court said.

The HC also found the circular to be contrary to Rule 54 of the Central Motor Vehicles Rules, 1989 which also contemplates re-registration of such motor vehicle that is intended to be kept in another State for a period exceeding 12 months.

The Petitioner, a resident of Jammu and Kashmir, claimed to be the owner of a vehicle registered in Delhi. He submitted that he usually travelled to Delhi for various purposes as also other parts of the country, therefore, his vehicle is not kept in the UT for 12 months and thus, no assignment of a new registration number is required with the application of Sections 47 of the Motor Vehicles Act.

The Petitioner also submitted that the power/jurisdiction for assigning a new registration mark on a vehicle is within the power/jurisdiction of the Central Government and RTO, Kashmir is not a competent authority under the Motor Vehicles Act to regulate the registration of vehicles.

"We are inclined to quash the impugned circular," the HC bench said. The Court, however, clarified that its order will not take away the powers of the Central Government/Government of Jammu and Kashmir to deal with the eventuality of screening, scrutinizing, verifying the validity/genuineness of documents of a vehicle, having outside registration and making an entry in the Union Territory of J&K for whatever purpose be as a tourist, businessman or employee, etc.

"We feel it also necessary to make it clear to the respondents that mere quashment of the impugned circular does not take away the authority of the respondents from dealing with the cases of those vehicle owners who have got their vehicles registered outside the Union Territory of JK, but after making entry in the Union Territory of JK and remained for a period exceeding 12 months, requires assignment of new registration mark in tune with the application of Section 47," the Court added.