NDLI: Pandiyan Roadways Corporation Ltd. Vs. Thiru M.a. Egappan

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Motor Vehicles Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1939 (4 of 1939)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Motor Vehicles Act, 1939--Section 68-F(1-D)-Principle underlying provision is that number of services on such route to be frozen on publication of scheme under Section 68C-No justification to limit provision to applications for fresh permit or their renewal and to leave out applications for variation of a permit. The appellant is one of the State Transport Undertakings. On June 30, 1976 an approved scheme was published under s.68-D of the Motor Vehicles Act, 1939 in respect of the route Madurai to Kumuli authorising the appellant to run its stage carriages and proposing to exclude completely all other persons from operating their stage carriage services under permits covering the entire route except those persons mentioned in Annexure II to the scheme, who were existing operators on the different sectors of the notified route on the date of the publication of the scheme. The respondent's name was not mentioned in Annexure II as he was operating on a non-scheme route. On February 28, 1981 the respondent secured the variation of his permit from the Regional Transport Authority enabling him to operate on a sector of the notified routes. The appeal against the said order was dismissed and no revision petition was filed against that order. On December 23, 1982 the respondent obtained from the Regional Transport Authority a second variation of his permit which authorised him to operate his stage carriage service on the route which was also a part of the notified route. An appeal med against that order was dismissed by the State Transport Appellate Tribunal. The High Court dismissed the revision petition taking the view that s.68-F(1-D) of the Act could not be considered as a bar for entertaining an application for the variation of a permit since such an application was neither an application for a permit nor for its renewal. In the appeal to this Court on behalf of the appellant it was contended hat a draft scheme published under s.68-C of the Act on June 4, 1976, which was still in force was a bar to the grant of variation of the permit authorising the respondent to operate his stage carriage on a sector of the route in respect of which the scheme had been published. On behalf of the respondent it was contended that on a true construction of the scheme only persons who were operating their stage carriages under permits issued in respect of the entire route from 1 Madurai to Kumuli alone have been excluded under the approved scheme and not those who were operating between any two places on the notified route or between any place lying outside the notified route and - a place on the notified route even though they might be operating on a portion of the notified route.
Judge	Honble Mr. Justice E.S. Venkataramiah
Neutral Citation	1987 INSC 58
Petitioner	Pandiyan Roadways Corporation Ltd.
Respondent	Thiru M.a. Egappan
SCR	[1987] 2 S.C.R. 391
Judgement Date	1987-02-24
Case Number	1758

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