Registration Of Motor Vehicle By Payment Of Fee Prescribed By Central Government Shall Be Valid Throughout India: J&K&L High Court

The Court’s clarification came during a petition which challenged the Regional Transport Officer (RTO) Kashmir's demand for a token tax as a condition for assigning a new registration mark to a Haryana-registered vehicle in Jammu and Kashmir.

The Court addressed legal issues surrounding the transfer of vehicle registration when a vehicle is moved from one State or Union Territory (UT) to another in India.

A Bench of Justice Javed Iqbal Wani clarified that under Indian law, a vehicle is required to be registered only once upon payment of the fee prescribed by the Central Government. This registration is valid across the entire country. The Court added, “a motor vehicle has to be registered once upon payment of fee prescribed by the Central Government and such registration shall be valid throughout India and a vehicle once registered is not required to be registered elsewhere in India”

However, if a vehicle is used in a different State or UT for more than 12 months, it must be assigned a new registration mark specific to that region. In this case, the registering authority of the new State or UT must facilitate the transfer of registration from the original authority without requiring additional fees.

Advocate Hakim Suhail Ishtiaq appeared for Petitioner, while Government Advocate Jehangir Ahmad Dar appeared for the respondents.

The Court further noted, “the Motor Vehicles Act, 1988 nowhere provides for re-registration of a vehicle and payment of fee upon such re-registration.”

In granting relief the Court directed the RTO Kashmir to assign a registration mark for Jammu and Kashmir without imposing the 9 percent token tax. The Court added, “Let the needful be done by the respondents within four weeks’ time from the date of passing of this order. The respondents, however shall be at liberty to take up the matter with regard to the aforesaid vehicle of the petitioner with the registering authority of the State of Haryana for refund of token tax paid on the vehicle in question for its payment towards the UT of J&K”

The Court ordered that the necessary registration be completed within four weeks. Additionally, the Court permitted the authorities to seek a refund of any token tax paid to Haryana’s registering authority if applicable.

Cause Title: Ishfaq Ahmad Tramboo v. UT of J&K & Ors.