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TMI Blog1982 (3) TMI 284X X X X Extracts X X X X X X X X Extracts X X X X ..... t respondent, Kerala State Road Transport Corporation, decided to introduce with effect from 18-5-1981 two stage carriage services under the name 'Boeing Limited Slop Past Passenger' from Cochin Aerodrome to Guruvayoor for the convenience of passengers reaching Cochin from Bombay by Boeing flights. The buses have stops at Ernakulam Jose Junction, Always By-pass, Angamali, Chalakkudi, Kodakara, Amballoor, Trichur, Kunnamkulam and Chavakkad. These two buses are to start not from the point in the National Highway nearest to the aerodrome building. They start right from the parking area adjacent to the aerodrome building, pass through the link road and reach the National Highway. Petitioners have no grievance i£ the two buses start from the point in the National Highway nearest to the Aerodrome building without passing through the link road OB reaching the parking area in the aerodrome. They apprehend that if these buses are allowed to pass through the link road and teach the parking area, passengers with destination towards north up to Guruvayoor would prefer to travel by these buses, which are cheaper, rather than engaging taxis and thereby the custom and income of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as public place for the purpose of the Act. In this view no permit is necessary under the provisions of the Act. On the request of the first respondent and for the convenience of the passengers using Indian Airlines flights, the Civil Aviation Department granted permission to the first respondent to bring their buses right up to the terminal building and the same is lawful. Petitioners have not suffered any legal injury and have no locus standi to question this. Petitioners have also filed a reply affidavit rebutting these contentions. 3. Cochin Aerodrome lies about a furlong away from the nearest point in the National Highway. In between is the link road, which begins from the National Highway and ends at the place in front of the terminal building where parking facilities are provided. It is actually a Naval Air Station belonging to the defence department of the Government of India. Civil Aviation Department has been permitted to use the land and the facilities and also to make necessary constructions for use as a Civil Enclave. Indian Airlines, a Corporation constituted under the Air Corporations Act, 26 of 1953 is using the Aerodrome for commercial flights. The link road is pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic to whom Indian Airlines issues a flight ticket is certainly entitled to perform his journey by the concerned flight from this Aerodrome. For that purpose he will have also the right to reach the Aerodrome. In this case he can reach the aerodrome- only by using the link road and the parking place. But this is a right which does not vest in all members of the public or in a definite section of the public. It is a right contingent on the member of the public purchasing an air ticket from the Corporation. He passes through the link road and the parking urea not in exercise of any right vesterd in him as a member of the public, but on account of the permission given by the concerned department. In other words, the access is purely permissive, it may be that Civil Aviation Department or the Defence Department are obliged to grant permission to passengers to pass through the link road that will not mean that such passengers or members of the public have a right of access as such. I, therefore, hold that the first part of the definition of the word "public place" in Section 2 (24) of the Act will not apply to the instant case since public has no right of access to the link roa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to rope in places which would not come within the meaning of the word "public place" as defined in the earlier part of the definition. According to the learned counsel for the respondents, the inclusive definition has been given by way of abundant caution to put it beyond doubt that certain places do not come within the meaning of 'public place'. 8. It appears to me that the contention of the respondents has to be accepted. What is defined is not a place but a "public place'. Emphasis is on the word 'public'. "Public place" is defined in the main part of the definition as "a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access", the accent is not on the circumstance that public have access, but it is on the circumstance that public have a right of access. Element of right of access dominates the definition. It may be that in certain cases a doubt may arise whether a place or stand at which passengers are picked up or set down is also a public place. That is because a particular place or stand may not be regarded as a road or street or way or other place mentioned in the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort Authority ......". There is no dispute that the first respondent has obtained permits for operating along the route up to Guruvayoor. Respondents have no case that the permit mentions the link road or the parking area in front of the terminal building in the aerodrome. It is unnecessary to mention in the permits these places, since this road or the place is not a 'public place'. The permit is required only if the transport vehicle is to be used in a public place. 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 violation of Section 42 (1) of the Act. 10. It is open to the first respondent to apply for permission under Section 42. At the same lime Chapter IVA gives certain additional privileges to the State Transport Undertaking liks the first respondent. Section 68-C deals with preparation and publication of a scheme of road transport service of a State Transport Undertaking, either in relation to any area or in relation to a route or part (hereof. Section 68-D contemplates objections being filed to the scheme by interested parties. After hearing objections, if any, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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