Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 57(8) 63 Motor Vehicles Act 1939: ss.48 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Motor Vehicles Act, 1939: ss.48, 57(8), 63 - Whether on the publication of an approved scheme the number of trips of the vehicles of the existing operators can be increased by granting the variation of a permit even when the existing operators are allowed to carry on their business as on the date of the publication of the scheme - Held: A close reading of the sub-section (8) of s.57 shows that an application for variation of any permit in the case of a stage carriage, for the purpose of increasing the number of trips as well as number of vehicles covered by the permit, mandatorily to be treated as an application for the grant of a new permit - s.57(8) is controlled by s. 68FF falling under Chapter IV-A, by virtue of the superseding effect of s.68B also falling under Chapter IVA - Once a scheme formulated under s. 68D gets approved, then all the permits in the route/area covered by the scheme get frozen by virtue of operation of s.68FF - The effect of s.68FF can be altered /modified/ cancelled only in the manner as provided for under s.68E and in no other manner - By virtue of that, either a grant of a new permit or the variation of an existing permit of private operator cannot be ordered in respect of an area or route covered by an Approved Scheme ..:. Increase in the number of trips or vehicles which were being run under the existing exempted permit under a Scheme will amount to grant of a new permit to operate one more Stage Carriage which is not permissible under s.68FF. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2016 INSC 540 |
Petitioner | G.t. Venkataswamy Reddy |
Respondent | State Transport Authority & Ors. |
SCR | [2016] 8 S.C.R. 1 |
Judgement Date | 2016-07-19 |
Case Number | 4480 |
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