HC grants last chance to govt over vehicle fitness tests stand

The Bombay High Court on Wednesday directed the ‘adamant’ Maharashtra government to clarify its stand over issuance of fitness certificates to newly manufactured vehicles. The HC has asked the government to file an affidavit in this respect by March 7. A division bench of Justice Abhay Oka and Justice Riyaz Chagla also granted a last chance to the government to file its affidavit clarifying if it still stands firmly on its decision of not conducting the mandatory fitness tests on new vehicles and instead allow registration of newly manufactured vehicles on the basis of their manufacturing certificates. Earlier this week, the judges had asked the government to file such an affidavit however, it failed to tender one. In fact, the government pleader Abhinandan Vagyani went on arguing before the judges in a bid to establish the stand of the government is legal. He told the judges that the vehicles were allowed to get registered as they were inspected and examined by its manufacturers before their delivery to the customers. Interestingly, the stand of the government has already been declared as illegal and in contravention to the Central Motor Vehicles Act, 1988.

“How can you rely on just the manufacturing certificate provided by the manufactures without personally verifying it? Without actually conducting a test for the same. According to the law if any vehicle does not carry the fitness certificate it is considered illegal,” Justice Oka said.

The HC has asked the government to file an affidavit in this respect by March 7