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venkatesham palepu (surveyer)     30 June 2018

Whether Police Commissioner's notification overcomes Union Government's Notification.

The Cyberabad Police Commissioner issued a notification on 23.05.2017 stipulating maximum speed limit on Outer Ring Road(express way) to 100 kms/hour. Recently the transport department of Union Government issued a Notification No. S.O.1522E, dated 06/04/2018, in which the union government enhanced the maximum speed limit to 120 kms/hour on express ways, applicable for all over India.

Two weeks ago I have driven my car on ORR(express way) below the speed of 110 kms/hour which was observed by the traffic police by speed gun. Though the Union Government notification permits 120 kilometers speed, the Traffic police issued me a Echallan for Rs.1000/- fine for over speeding, even I have driven the car below 110 kms/hour.
So kindly suggest me what to do. whether old notification of police commissioner of hyderabad overcomes the recent Union government's notification on the same subject ?


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 2 Replies

G.L.N. Prasad (Retired employee.)     01 July 2018

Find out as to who maintained that Road (jurisdiction)

If it is within jurisdiction of Corporation, Commissioner's powers are final.

File RTI Application to Commissioner and seek information as follows:

 

Application dt.1st July,2018 seeking information under RTI Act

 

Before State Public Information officer, Cyberabad Police Commissioner,..................

RTI fee: Adhesive Court fee stamp Rs.10/-pasted on this application.

Applicant:

 

Subject on which information is being solicited: 1)The Cyberabad Police Commissioner issued a notification on 23.05.2017 stipulating maximum speed limit on Outer Ring Road(express way) to 100 kms/hour. 

ransport department of Union Government issued a Notification No. S.O.1522E, dated 06/04/2018, in which the union government enhanced the maximum speed limit to 120 kms/hour on express ways, applicable for all over India. 

Information solicited:

1)Please provide certified copy of that powers and authority vested with Cyberabad Police Commissioner, overlooking  Central government Notification.

 

Applicant.

 

As far as I know the Central Govt. Notification is general in nature, and local authorities can fix such maximum limit depending on circumstances and location.

P. Venu (Advocate)     01 July 2018

Any suggestion depends upon the contents as well the language of the Notification and the legal provisions governing the said notification. Anyhow, you may seek the requisite information under RTI.


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