1982 (3) TMI 284 - HC - Indian Laws

Summary

Issues Involved:
1. Whether the parking area and the link road adjacent to Cochin Aerodrome are "public places" as defined under Section 2(24) of the Motor Vehicles Act, 1939.
2. Whether the Kerala State Road Transport Corporation (KSRTC) requires a permit under Section 42 of the Motor Vehicles Act to operate buses through the link road and parking area.
3. Whether the KSRTC has a right to obtain a permit under Chapter IVA of the Motor Vehicles Act for operating stage carriage services on the link road and parking area.

Issue-Wise Detailed Analysis:

1. Definition of "Public Place":
The primary contention of the petitioners was that the parking area and the link road are "public places" and thus require a permit under Section 42 of the Motor Vehicles Act. The court examined the definition of "public place" under Section 2(24) of the Act, which states: "Public place means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage."

The court found that the Cochin Aerodrome, including the link road and parking area, is a Naval Air Station under the control of the Defence Department, with restricted access granted by the Civil Aviation Department. The public does not have a right of access to these areas; access is contingent upon permission, primarily for passengers holding flight tickets. Therefore, the court held that these areas do not qualify as "public places" under the Act.

2. Requirement of Permit under Section 42:
Section 42(1) of the Motor Vehicles Act stipulates that no transport vehicle shall be used in any public place without a permit. Since the court determined that the link road and parking area are not "public places," it concluded that KSRTC does not require a permit to operate buses in these areas. The court stated, "Absence of a permit to ply buses of the first respondent along the link road or to take the buses to the parking area in the aerodrome cannot be a violation of Section 42(1) of the Act."

3. Right to Obtain Permit under Chapter IVA:
Chapter IVA of the Motor Vehicles Act provides additional privileges to State Transport Undertakings, including the preparation and publication of a scheme of road transport service. The court noted that the term "route" is defined in Section 2(28A) as "a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another." Since the link road and parking area are not highways, they cannot be included in a notified route or part thereof.

The court further explained that if a road or place is not a "public place" or part of a "highway," no permit is necessary for operating buses in that area. The court concluded, "The first respondent does not require any permit to operate buses along the link road and to the parking place in the aerodrome. What is required is only permission from the Civil Aviation Department, and that permission has been granted."

Conclusion:
The court dismissed the petition, holding that the link road and parking area adjacent to Cochin Aerodrome are not "public places" under the Motor Vehicles Act, and therefore, KSRTC does not require a permit to operate buses in these areas. The court found no illegality or violation of the Act in KSRTC's operations and dismissed the petition without costs.