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Punjab and Haryana High Court disposes of PIL against overloading of trucks

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The Punjab and Haryana High Court has recently disposed of a Public Interest Litigation (PIL) filed by a petitioner against the overloading of vehicles, especially trucks, that are supplying material to thermal power plants.  

The PIL has been filed by one Kulwant Singh. According to the petitioner, he had served a legal notice dated March 3, 2021  to three thermal power plants regarding overloading, but no action thereon has been taken.  

Avinit Avasthi, Assistant Advocate General, Punjab, on advance copy, submitted  that the respondent authorities are bound to and shall take action in accordance with the Motor Vehicles Act, 1988 and the Rules framed there under.  In case any violation is found, necessary action, if necessary, will be taken in accordance with law.  

He submitted that the issues raised by the petitioner in the legal notice would also be considered by the respondent – authorities.

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The Division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli, in view of the statement made by  State counsel, do not find any reason to entertain this petition which is disposed of taking the statement of State counsel on record.  

It is clarified by the Bench that the Court has not expressed any opinion on the merits of the case and, therefore, the authorities would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter accept or reject the same in accordance with law.

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