Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988: s.99 Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988: s. 99-Nationalization of mofussil service-Exclusion of private operators-Exception providing that existing town services operating on notified routes not to be affected-Effect of-Held, under the Scheme entire mofussil service is covered-There is complete exclusion of all private operators holding stage carriage permits on proposed routes as well as those holding such permits on routes overlapping completely or partially with the proposed route. Under the Exception only existing operators, and not fresh applicants or future applicants, are eligible for permits. Appellant-Corporation framed a Schemes under s. 99 of the Motor Vehicles Act, 1988 whereunder mofussil service in a particular region of the State was nationalized. However, under Clause 2 of the Note appended to the Scheme, it was provided that the Scheme would not affect "the existing town service operating on the notified routes". Respondent No. 3, not being an existing town service operator, applied for permanent stage carriage permit on a particular town service route. The Corporation objected contending that permit was sought on a portion of notified route under the Scheme. The Regional Transport Authority rejected the application. But, the State Transport Appellate Tribunal held in favour of respondent No. 3. The Corporation challenged the order in a writ petition before the High Court and ultimately a Full Bench of the High Court held that town service route was not automatically covered under the Scheme which was specifically for mofussil service, and permits could be granted for town service routes. The Corporation filed appeals before the Supreme Court. The Bench before which the appeals were listed for hearing, noticed the earlier decision of the Supreme Court in Andhra Pradesh State Road Transport Corporation v. State Transport Appellate Tribunal and Ors.* and felt that the issue be settled by a larger Bench. Therefore, reference was made to the Constitution Bench. On the questions : Whether, in view of the Scheme which covers mofussil service and provides for total exclusion of private operators including operators on town service routes, and even routes overlapping with the notified mofussil service having been covered, it is permissible for Regional Transport Authority to grant permits to private operators on the notified town service routes or portions thereof; and whether Exception 2 in the note appended to the Scheme providing that the Scheme shall not affect "the existing town services operating on the notified routes" relates only to existing town services operating on the notified routes so as to exclude fresh or future applicants for grant of permits. |
Judge | Hon'ble Mr. Justice Arun Kumar |
Neutral Citation | 2005 INSC 234 |
Petitioner | A.p.s.r.t.c. |
Respondent | Regional Transport Authority And Ors. |
SCR | [2005] 3 S.C.R. 931 |
Judgement Date | 2005-04-28 |
Case Number | 3700 |
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