UT admn challenges high court order
CHANDIGARH: The Chandigarh administration has challenged a Punjab and Haryana high court single-judge judgment allowing the registration of a vehicle with artwork on its body.
The administration is learnt to have requested the high court for an urgent hearing in the matter before a division bench. If not allowed, the petition can be filed but won’t be taken up immediately as only urgent cases are being heard in view of the Covid-19
outbreak.
On July 15, the single-judge bench of justice Jaishree Thakur had directed the Chandigarh administration to register the car within two weeks. The permission for the same had been denied in 2019.
The multi-coloured car, an Ambassador Grand Harit-C-1800, belongs to high court lawyer Ranjit Malhotra, who bought it from a diplomat of the European Union posted in Delhi in July last year.
The registering authority in Chandigarh refused to register the vehicle stating that the colour of the original vehicle had been changed from white to multi-colour. Following this, Malhotra moved the high court, claiming that the reason for buying the vehicle was the artwork by a Mexican artist Senkoe.
POTENTIAL LAW ENFORCEMENT PROBLEM
Now, the UT says allowing registration of this car would cause a serious potential law enforcement problem as in common practice a motor vehicle is identified by its registration number and colour by the authorities. The colour of a motor vehicle takes precedence since it is the most recognisable/distinguishable feature of a vehicle for its prima facie identification by authorities, the plea by UT says.
The main argument it has taken is that the single-judge bench misinterpreted Section 52 of the Motor Vehicles Act. According to Section 52, no owner of a motor vehicle can alter it beyond the particulars mentioned in the certificate of registration, which are provided by the manufacturer.