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Taxi denied fitness certificate because of speeding challan; owner moves Delhi High Court

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New Delhi (ILNS): A taxi driver has moved the Delhi High Court, challenging the decision of the Delhi government to not provide his taxi with a fitness certificate, just because he has been given a speeding ticket. The court has directed the Delhi government, Delhi Police and the Central government to file their responses.

The speeding violation was tracked by speed cameras and the driver has been given a challan.

A divisional bench comprising the Chief Justice Dhirubhai Naranbhai Patel and Justice Prateek Jalan listed the matter for further hearing on November 12.

Taxi driver Dharmendra Kumar has alleged that the government cannot deny him a fitness certificate on the ground that there is a traffic violation case pending against him.

Advocate Praveen Agarwal, appearing for the petitioner, submitted that the department cannot legally deny the certificate if the vehicle is in order. He said the certificate is a mandate under section 56 of the Motor Vehicle Act, 1988 and that the authority is not following its own rule under No. 38. The rule mandates that the CFX form should list the defects found in the vehicle in case the fitness certificate is denied.

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The petition stated that there is a standard operating procedure issued by the Central Transport Ministry prohibiting the state departments from any work like fitness, NOC, permit renewal, etc. if any traffic challan is pending.

-ILNS

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