1) disposal of case depends upon pendency of cases in HC
2) l Legal fees vary depending upon the lawyer engaged by you
3) You have a good case on merits
Divyangjan registration with life tax exemption
I am a physically challenged doctor,51 years old, working as a Professor in one of the Medical colleges in Telangana, and a freelance laparoscopic surgeon. I perform surgeries with the help of walking aids. I have emailed and personally submitted a letter to the transport commissioner regarding my car registration as Divyangjan without modification and to extend the life tax exemption for the same in accordance with the G.O of the MoRTH, dated 03 Feb 2023 RT-11036/57/2020-MVL which dictates that "all the states should register the vehicle of the PWD ownership as Divyangjan if they have benchmark disability of minimum 40% and even if they don't adapt the vehicle as they might hire a driver if not interested in driving or unable to drive. Also extend the exemptions and concessions that are being provided only to the adapted vehicle. This was addressed to all the Principal secretaries of the states and the transport commissioners. After several emails and letters and wait of three months I got a response from the Transport Commissioner's office that Divyangjan vehicle registration is possible even without vehicle adaptation but rejected the exemption of life tax for the vehicle. He also further said that to provide a life tax exemption for the Divyangjan vehicle without adaptation, a G.O. from the Telangana Govt is required. Several emails were sent to both the special chief secretary for transport and roads and to the chief secretary of the state but all are futile. If you google as " Divyangjan registration" you can download the G.O. Furthermore the west bengal government implemented the above mentioned G.O. in their state on 29th August 2023 within 5 months after the MoRTH's G.O. was circulated. I bought the vehicle and my TR is going to expire in 10 days and I didn't pay the vehicle's life tax as the case is all about extending the exemption of the life tax for the Divyangjan registered vehicle. I came to know that the TR can be extended but my RTO says "No". Can I hire a lawyer to file a petition in the court? Will I win the case? With the petition filed in the court can I drive my vehicle with the temporary registration number plate until the case is resolved? Please answer. Also how long the case is going to run? What would be the lawyer's charge for this writ petition? Actually I am the spouse of the questioner who is a professor and a PhD graduate.
Asked 1 day ago in Constitutional Law
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6 Answers
Dear Client, being a person with benchmark disability, you are eligible for registration of vehicle under the Divyangjan category without adaptation, based on the Ministry of Road Transport and Highways (MoRTH) G.O. dated 03 February 2023. However, the Transport Commissioner in Telangana has said that life tax exemption for non-adapted vehicles need a G.O. by the state and you could approach the High Court through a writ petition under Article 226 of the Constitution of India. The challenge would be to the inaction of the state in bringing about the MORTH G.O. and seek directions to exempt your vehicle from life tax as per the central directive.
You can seek interim relief to permit usage of your vehicle with the TR, until the case gets resolved. The court would most likely grant such relief because it is in conformance with your fundamental rights and provisions of MoRTH for Divyangjan.
The length of the case is as per the court's calendar and may take a few months to one year to get a final resolution. Lawyer charges for such writ petitions are usually in the range of ₹50,000 to ₹1,50,000 based on the complexity and experience of the lawyer. The strength of the case gets bolstered, and it acts as a precedent for the other similar issues, making a positive outcome more likely. Consulting a lawyer experienced in handling disability rights and motor vehicle cases is strongly recommended.
Hope you find this answer beneficial for resolving the dispute.
The RTO has categorically refused to grant exemption and seems to have denied the existence of the law you have referred in this regard.
If you are confident that you have been denied justice you can approach high court with a writ petition on the basis of refusal of the relief by the authorities concerned by filing the correspondences as documentary evidence from your side.
You can enquire about the fees from the lawyer you may engage.
The time taken for disposal cannot be predicted.
Yes you can try your luck by filing writ petition HC.
It sounds like you've encountered significant bureaucratic hurdles while trying to secure life tax exemption for your vehicle as a Divyangjan, which is understandably frustrating. Here are some steps and considerations to address your situation legally and practically:
1. Legal Viability of Filing a Petition
Strong Grounds: Based on the Ministry of Road Transport and Highways (MoRTH) guidelines, you have strong grounds to argue that the state should extend the same benefits to non-adapted vehicles for Divyangjan as to adapted vehicles, especially if those benefits are available in other states like West Bengal.
Precedents: The implementation in West Bengal can serve as a precedent, which might strengthen your case.
2. Temporary Registration (TR) Extension
Legal Provision: Typically, TR can be extended under certain conditions. Despite your RTO's response, the law generally allows for extensions, especially when registration is delayed due to administrative processes or pending legal matters.
Driving with TR: Legally, you cannot drive with an expired TR. You should resolve this either through an extension or by getting the permanent registration done (even if temporarily without the tax exemption) to avoid legal issues related to driving with an expired TR.
3. Filing a Petition
Hiring a Lawyer: Given the complexity and specific nature of your case, hiring a lawyer who specializes in disability rights or administrative law would be advisable. A lawyer can draft and file a writ petition in the High Court challenging the decision of the Transport Commissioner's office.
Interim Relief: Your lawyer can also file for interim relief to allow you to legally drive the vehicle while the case is being decided.
Duration of the Case: The duration of court cases can vary significantly, often taking several months to a year or more, depending on the court's backlog and the specifics of the case.
Costs: Legal fees can vary widely. You might expect to pay anywhere from ₹50,000 to several lakhs, depending on the lawyer's reputation, experience, and location. Some lawyers might charge a flat fee, while others could charge by the hour or a percentage of the tax saved.
4. Immediate Actions
Consult Multiple Lawyers: Get consultations from several lawyers to understand the potential costs, duration, and likelihood of success. Choose a lawyer who has experience with similar cases and seems most understanding of disability rights.
Documentation: Gather all correspondence with the Transport Commissioner, RTO, and any other relevant communications. Also, prepare a detailed narrative of your attempts to resolve the issue administratively, as this will be crucial for your legal case.
5. Continued Advocacy
Advocacy Groups: Consider reaching out to disability rights groups and NGOs that might support your cause or have dealt with similar issues before. They can provide both legal resources and additional pressure on authorities through their advocacy efforts.
Taking these steps can help you navigate the legal complexities and work toward a resolution that recognizes your rights as a Divyangjan. It’s important to tackle both the immediate legal issues (like the TR extension) and the broader problem (tax exemption) systematically.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
There cannot be any dispute with first paragraph. As the memo/circular is issued to all principal secretaries of States and uts and transport commissioners no g.o. is required from State Government. Response of Tr. Comm.is against the spirit and letter of said memo. Before approaching Court, issue a lawyer's notice with details of all records warning of legal if your request for registration is divyangjan is not complied. Such notice is condition is condition precedent for filing any case in Court. it is quite possible that your request may be accepted after receipt of lawyer's notice. You will certainly win the case. An order to extent the TR can be obtained from Court. It should not take more than six months. Lawyer's fee cannot be discussed in open platform. You will also get the costs of litigation with lawyer's fee.
