MUNICIPAL BOARD PUSHKAR Vs. STATE TRANSPORT AUTHORITY RAJASTHAN

JUDGEMENT

(1.) At Pushkar in Rajasthan exists a tank which has long been considered one of the holiest places of the Hindus and a well-known place of pilgrimage. By the east of the lake runs a road approximately north to south. The Ghats for getting into the lake are situated contiguous west of this road. Several Dharmashalas and at least one Gurudwara have been established by the side of this road not far from the lake. A temple of Hanumanji stands east of the road, a short distance from the southern edge of the lake. Another temple close to the road is the temple of Rangji. This is situated very near the Ghats and to the east of the road. There is also a temple of Brahmaji further away towards the north but on this very road a little away from where the road further north east from the edge if the lake meets another Road, Ganera Deedwana Nagar. Towards the south of the Dharmashalas the road goes on to Ajmer. The police station of Pushkar it situated at some distance from the Pushkar lake. The police station stands on a road which goes on towards Ganera Deedwana Nagar to the north; and on the south joins the road to Ajmer. Thus the road running north to south by the side of the police station and the road running by the east of the Ghats of the lake meet a short distance north of the police station and a greater distance towards the south. In this way the two roads form a somewhat irregular figure almost like a triangle. The pilgrims use this road in coming to the lake and for this purpose can avail of a number of motor transport services. The dispute which is the subject matter of the present appeal is as regards, the location of the bus stand at Pushkar for these numerous motor transport services.

(2.) For may years the bus stand was located by the side of the road which runs east of the lake, a little away to the north of Hanumanji's temple and very near the Dharmashalas. On May 24, 1948 the Municipal Board of Pushkar passed a resolution that the Bus stand should be shifted to another site by the side of the road which passes by the police station. By the same resolution it was resolved to construct a passenger shed, piyaoo baths, latrines, urinals and other facilities for the convenience of the passengers at the new bus, stand as priposed. The Regional Transport Authority in its meeting held on the 3rd and the 4th December, 1959 considered this proposal and passed a resolution in the following words:-

(3.) Long before this notification was made, two residents of Pushkar, Jai Narain and Madan Mohan moved before the State Transport Authority an application for revision of the decision of the Regional Transport Authority changing the bus stand. This application purported to be under S. 64 A of the Motor Vehicle Act. It was heard by the State Transport Authority on February 18, 1960 and was rejected the same day. On April 13, 1960 five bus operators of the Ajmer Pushkar route moved a fresh application for revision under S. 64 A of the Motor Vehicles Act against the Regional Transport Authority's decision to change the stand. This application was decided by an order dated the 6th January, 1961. The State Transport Authority rejected the preliminary objection raised by the respondent's counsel that no revision lay against the Regional Transport Authority order and also the objection that the matter in dispute had already been heard and decided on February 18, 1960 and the State Transport Authority had no right to review its own order. It also rejected the contention that the revision petition was barred by limitation. Coming to the merits of the case the State Transport Authority was of opinion that the proposed new bus stand was likely to be a source of inconvenience to women pilgrims and children and that the old bus stand should be retained from the point of view of both public utility and convenience.