Thursday, December 8, 2011

SC again emphasized for the Implementation of the Scheme of High Security Registration Plates (HSRP) and Sets up its Dead Line to 30th April 2012

Recently while dealing with the issue about the implementation and fixation of the previously proposed Scheme of High Security Registration Plates (HSRP) in all States and Union Territories of India, the Bench of Hon. Chief Justice of India, Mr. Justice S.K. Kapadia, Mr. Justice A.K. Patnaik and Mr. Justice Swatanter Kumar of the Supreme Court of India, again strongly emphasized for the the Implementation of the said HSRP Scheme and continued with its deadline to 30th April 2012, without changing its date for implementation all over the country. While adjudicating above issue, The Hon. Apex Court has further observed therewith, restricting all other High Courts of India too in the large interest of justice that " With a view to ensuring proper implementation of the judgments and directions of this Court, as contained in its various orders, in regard to manufacturing and affixation of the HSRP, it is imperative for this Court to direct that it will be in the fitness of things and even the judicial proprietary would demand that no High Court should pass any interim orders cancelling or staying the tender process in relation to implementation of the scheme." And further taking serious notes of the individual actions of all the states and union territories of our country, the Hon. Supreme Court of India strictly has commented that " Despite the above orders of this Court, majority of the States have not fully implemented the scheme regulating issuance and fixation of High Security Registration Plates (HSRP). From the affidavits filed on behalf of the respective States, it is clear that they have not been vigilant enough to take appropriate steps for initiation and completion of the HSRP scheme and, in any case, not with required expeditiousness." In respect of Gujarat, it is observed by the Apex Court that " The State of Gujarat had issued the tender notice and considered even the persons not possessed of `TYPE APPROVAL CERTIFICATE'. However, they have added a condition that upon awarding of the contract and before manufacturing HSRP, the TYPE APPROVAL CERTIFICATE duly signed by the competent authority should be submitted, at most within three months. Due date for submission of tender was 20th October, 2011. Five bids had been received. Technical bids had been opened. Financial bids are to be opened on 28th November, 2011 and the agreement would be signed by 15th April, 2012. We do not contribute to the method that has been adopted by the State of Gujarat for implementation of the scheme. They ought to have acted in consonance with the directions of this Court. Be that as it may, since the conditions contained in the directions of this Court have not been waived and only a period has been prescribed to submit the `TYPE APPROVAL CERTIFICATE', we do not consider it appropriate to direct the State to hold the entire tender process afresh. But we make it clear that the agreement should be signed and the implementation of scheme should positively commence by 30th April, 2012. We also make it clear that no further time would be granted to the State of Gujarat in this behalf."

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