The Allahabad High Court has annulled the Transport Registration Authority’s recent order to cancel the registration of 448 ambulances in Amroha. The court, presided over by Justice Anjani Kumar Mishra and Justice Jayant Banerjee, deemed the cancellation action as contrary to the Motor Vehicles Act of 1988, highlighting that proper procedure was not followed.
In its ruling, the court emphasized that registered notices, which are required under the Motor Vehicles Act, were not sent to the owners prior to the cancellation. The division bench found that this procedural lapse invalidated the cancellation order issued by the Transport Registration Officer of Amroha.
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Transport Registration Authority
The Transport Registration Authority had initially moved to cancel the registrations based on allegations that the names and addresses associated with the ambulances were fictitious. This decision led to a nationwide ban on the operation of these vehicles, following directives from the Transport Commissioner of Amroha.
The government’s justification for the cancellation was rooted in Section 40 of the Motor Vehicles Act, which stipulates that a vehicle must be registered in the state where the owner resides, not in the state where it is used for business. However, all 448 ambulances in question were registered outside Amroha, with owners based in Delhi NCR, Haryana, and Kanpur city.
The court’s ruling underscores that state transport authorities are obligated to notify vehicle owners by registered post before taking any action to cancel registrations. This crucial step was overlooked in this case, prompting the High Court to reject the cancellation order.
In response to the court’s decision, the Transport Department has been directed to reassess the situation and take any further action in accordance with legal procedures. This development offers a reprieve for the affected ambulance operators and ensures adherence to regulatory guidelines.
