1970 (4) TMI 167 - SC - Indian Laws

Summary

Issues Involved:
1. Interpretation of Section 47(3) of the Motor Vehicles Act, 1939.
2. Requirement of hearing persons by the Regional Transport Authority (RTA) while limiting the number of stage carriage permits.
3. Validity of orders under Section 47(3) of the Act.
4. Applicability of Section 47(3) to inter-State and inter-regional permits.
5. Timing for the RTA to fix the limit of the number of stage carriage permits.
6. Jurisdiction of the State Transport Appellate Tribunal in appeals against refusal to grant permits.
7. Effect of notifications under Section 57(2) of the Act.

Detailed Analysis:

1. Interpretation of Section 47(3) of the Motor Vehicles Act, 1939:
The judgment primarily revolves around the interpretation of Section 47(3) of the Motor Vehicles Act, 1939, which allows the Regional Transport Authority (RTA) to limit the number of stage carriages for which permits may be granted. The court clarified that the RTA's function under Section 47(3) is administrative, not quasi-judicial, and does not require hearing representations from operators.

2. Requirement of Hearing Persons by the RTA:
The court distinguished between the RTA's jurisdiction in granting stage carriage permits and limiting the number of such permits. It held that while granting permits involves a quasi-judicial function requiring public hearings and consideration of representations (as per Section 57), limiting the number of permits under Section 47(3) is an administrative function that does not necessitate hearings from operators. The court stated, "The deliberation as well as the decision of the Regional Transport Authority under Section 47(3) of the Act is confined to its own administrative policy and order."

3. Validity of Orders under Section 47(3) of the Act:
The court examined whether there were valid orders under Section 47(3) in each case. It emphasized that the RTA must fix the limit of permits before considering applications for permits. The court noted, "The determination of the limit of the number of permits is to be made before the grant of permits." The judgment scrutinized the records to ascertain if the RTA had indeed fixed the limit before granting permits and found that in many cases, the RTA had complied with this requirement.

4. Applicability of Section 47(3) to Inter-State and Inter-Regional Permits:
The court held that Section 47(3) does not apply to inter-State permits, as these require coordination between different States' authorities. For inter-regional permits, the court noted that Section 47(3) is also inapplicable because the provision is confined to operations within a single region. Instead, agreements between the relevant authorities of different regions or States should determine the number of permits.

5. Timing for the RTA to Fix the Limit of the Number of Stage Carriage Permits:
The court reiterated that the RTA must fix the limit of the number of stage carriage permits under Section 47(3) before considering applications for permits. It stated, "The limit fixed by the Regional Transport Authority under Section 47(3) of the Act cannot be altered by the Regional Transport Authority at the time of grant of permits." The court emphasized that fixing the limit should precede the notification inviting applications for permits.

6. Jurisdiction of the State Transport Appellate Tribunal in Appeals Against Refusal to Grant Permits:
The court clarified that the State Transport Appellate Tribunal's jurisdiction in appeals against the refusal to grant permits is limited to that aspect and does not extend to modifying orders under Section 47(3). The court stated, "The jurisdiction of the Regional Transport Authority in the matter of orders under Section 47(3) of the Act is entirely separate from the jurisdiction of the Regional Transport Authority in the matter of grant and refusal of permit under Sections 48 and 57 of the Act."

7. Effect of Notifications under Section 57(2) of the Act:
The court held that a notification under Section 57(2) of the Act inviting applications for permits on new routes or additional buses on existing routes indicates a decision by the RTA under Section 47(3). The court observed, "An advertisement under Section 57(2) of the Act inviting applications for a new route would indicate a decision of the Regional Transport Authority under Section 47(3) of the Act that the number specified in the advertisement would be the limit fixed."

Individual Appeals:
The court reviewed numerous individual appeals, determining whether there were valid orders under Section 47(3) in each case. In many instances, the court found that the RTA had complied with the requirements of Section 47(3) by fixing the limit of permits before considering applications. The court remitted several cases to the State Transport Appellate Tribunal for consideration on merits, based on the finding that there were valid orders under Section 47(3).

In conclusion, the judgment clarified the administrative nature of the RTA's function under Section 47(3), the timing for fixing the limit of permits, and the inapplicability of Section 47(3) to inter-State and inter-regional permits. The court emphasized the importance of adhering to statutory requirements to ensure transparent and fair processes in granting stage carriage permits.