9911796707
TMI Blog1985 (1) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... g objections to a draft scheme providing for the exclusive operation of its own stage carriages over thirteen routes within the jurisdiction of the Regional Transport Authority of Meerut. It is unfortunate that no decision has yet been taken by the State Government under section 68D of the Act for one reason or the other. In the meanwhile the members of the public as well as the motor operators have become subject to several constraints arising from the publication of such a scheme. Chapter IVA of the Act was introduced by Act 100 of 1956 into the Act with the object of making provision for operation of motor vehicles to the exclusion, complete or partial, of other persons for the purpose of providing an efficient, adequate, economical and properly co-ordinated transport service to the community. The provisions contained in Chapter 1VA of the Act and the Rules made thereunder are declared as having overriding effect on the provisions in Chapter IV of the Act which contains provisions relating to control of transport vehicles and all other laws. Section 68C of the Act provides that where any State transport undertaking is of opinion that for the purpose of providing an efficient, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to govern an approved scheme under Chapter IVA of the Act. On account of various reasons such as the growth of population and the development of the geographical area adjacent to the area or route in question, any unreasonable delay may render the very proposal contained in the scheme antiquated, outmoded and purposeless. Hence there is need for speedy disposal of the case under section 68D of the Act. The other legal constraints flowing from the publication of the scheme under section 68C of the Act also lead us to the same conclusion. Section 68F (ID) of the Act provides that save as otherwise provided in sub-section (1 A), or sub-section ( 1C) thereof no permit shall be granted or renewed during the period intervening between the date of publication under section 68C of any scheme and the date of publication of the approved or modified scheme, in favour of any person for any class of road transport service in relation to an area or route or portion thereof covered by such scheme The proviso to sub-section (ID) of section 68F of the Act, however, states that where the period of operation of a permit in relation to any area, route or portion thereof specified in a scheme publ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to any person in respect of the area or route or portion thereof specified in the scheme and the permit so granted shall cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or route or portion thereof. Sub-sections ( IA ) and ( 1C ) of section 68 of the Act read together indicate that what can be granted under either of the said sub sections is only a temporary permit which can last during the period between the date of publication of the scheme under section 68C of the Act and the date on which the order under section 68D of the Act is made subject to the provisions contained in subsection (IB) of section 68F of the Act. The life of such temporary permit cannot extend to an unreasonably long period, as even a renewable permit issued under Chapter IV of the Act is subject to the restrictions contained in section 58 of the Act as regards its duration and renewal and that a temporary permit issued under section 62 of the Act cannot be in force in any case for more than four months. Necessarily, therefore, the State Government is required by law to pass its orders under section 68D of the Act as early as possible. Delay in perfor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and January 10, 1980 filed revision petitions before the State Transport Appellate Tribunal, Lucknow. The Tribunal by its order dated June 3, 1981 set aside both the resolutions dated December 17, 1979 and January 10, 1980 passed by the Regional Transport Authority. The main ground for setting aside the resolution dated December 17, 1979 was that the amalgamation and extension of permits granted in favour of the existing operators after the publication of the scheme under section 68C of the Act was contrary to the provisions of Chapter IVA of the Act. The Tribunal, however, did not hold that there was no necessity for increasing the number of stage carriage services on the routes in question and for issuing temporary permits under section 68F of the Act. Thereafter the appellants filed writ petitions before the High Court under Article 226 of the Constitution questioning the correctness of the order setting aside the temporary permits granted in their favour on January 10, 1980. The existing operators who had been granted amalgamation and extension of their permits by the Regional Authority on December 17, 1979, however, did not challenge the order of the Tribunal even though the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcial front The Regional Transport Authority had found that there was need for issuing the said temporary permits for some of the routes in question after it had granted extensions to the permits held by 102 existing operators. On the cancellation of the slid extensions the need for providing additional travelling facilities become further intensified and therefore there was certainly no case for setting aside the temporary permits granted in favour of the appellants. The cancellation of the temporary permits issued in favour of the appellants has resulted in grave public prejudice. We are also of the opinion that the extra-ordinary delay in the disposal of the proceedings before the State Government under section 68D of the Act has brought about a stalemate which should be terminated quickly in the interests of the general public. We, therefore, consider that in the interests of justice it is appropriate to being to an end the proceedings under section 68D of the Act expeditiously. We would have perhaps considered the question of quashing the scheme itself at this stage but since no such contention is urged before us, we feel that it is sufficient to issue a direction to the St ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
