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1968 (8) TMI 190 - SC - Indian Laws

Issues:
1. Validity of the order passed by the Regional Transport Authority (R.T.A.) on renewal and grant of permits.
2. Challenge to the constitution of the R.T.A.
3. Interim order for maintaining status quo.
4. Application for compromise to settle the matter between the State Road Transport Corporation and private operators.

Validity of the order passed by the Regional Transport Authority (R.T.A.) on renewal and grant of permits:
The case involved the State Road Transport Corporation of Maharashtra seeking renewal and grant of stage carriage permits, which were also applied for by private operators. The Provincial Transport Services, the predecessor of the appellant, had published a scheme to take over several routes, which was initially approved but later challenged and quashed by the High Court. The R.T.A. considered the applications for renewal and substantive permits, rejecting private operators' applications and granting permits to the appellant. This decision was challenged in multiple Civil Applications, leading to a series of reconsiderations and orders by the R.T.A. The High Court intervened, quashing the initial order due to improper constitution of the R.T.A. and later directing a compromise between the parties to settle the matter.

Challenge to the constitution of the R.T.A.:
The constitution of the R.T.A. was challenged by the private operators on the grounds of improper constitution on the date when the initial order was passed. The High Court upheld this challenge, leading to a reevaluation of the applications for renewal and grant of permits by the R.T.A. on a later date to rectify the procedural irregularity.

Interim order for maintaining status quo:
During the proceedings, an interim order was issued by Paranipe, J., directing the R.T.A. to maintain status quo on certain routes until a final decision was reached. This interim order was confirmed by the High Court, ensuring that the operations on specific routes remained unchanged until the resolution of the legal disputes.

Application for compromise to settle the matter between the State Road Transport Corporation and private operators:
A joint application was made to the R.T.A. by the appellant and private operators, proposing a compromise to settle the ongoing litigation. The terms of the compromise included withdrawal of the Special Civil Applications and an agreement on the commencement of operations on specific routes. The R.T.A. considered this application, and upon assurance from the private operators, a decision was made to allow the appellant to commence operations on certain routes from specific dates, while granting temporary permits to private operators on other routes until a specified period.

This detailed analysis outlines the key issues and the legal proceedings involved in the judgment, highlighting the complexities of the case and the steps taken by the courts to address the challenges raised by the parties.

 

 

 

 

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