- (1.) The appeal is at the instance of the State of West Bengal against the judgment and order of the learned Single Judge. The learned Trial Judge by the impugned order has struck down Rule 88A of the West Bengal Motor Vehicles Rules, 1989 and also connected notification issued on 24th May, 2005. With the appeal the Writ Petition No. 25179 (W) 2005 is also heard as the Petitioners challenge the same Rule and notification. The facts for which appeal was preferred connected writ petition was filed are shortly put hereunder:
(2.) On 17th March, 2005 the State Government amended the West Bengal Motor Vehicles Rules by inserting a new Rule 88A in the manner as follows: 88A. Power of the State Government to impose special conditions on permit restraining plying of transport vehicles (passenger as well as goods) beyond a particular age and in any particular area of the State. The State Government may, by issue of notification to be published in the Official Gazette, direct the State Transport Authority or the Regional Transport Authority, as the case may be, to impose such special conditions on issue of permit for transport vehicles as may deem fit restricting the plying of transport vehicles beyond particular age and in any particular areas of the State for safe movement of the vehicular traffic to avoid congestion and to reduce the level of automobile pollution and for safety of the passengers in public interest. The State Government may also impose such restrictions on the existing permit holders by giving prior notice of not less than sixty days
(3.) The said Rule described as the West Bengal Motor Vehicles (Amendment) Rules, 2005 came into force on and from 17th March, 2005 being the date of notification.;