KSRTC Vs. RTO KOLLAM

JUDGEMENT

(1.) A common question of law on similar facts has arisen in all these OP's. Hence, this common judgment is being passed in all the cases.

(2.) The Kerala State Road Transport Corporation (for short 'the Corporation') challenges the judgment in MVAA case No. 300/95 rendered by the State Transport Appellate Tribunal, Ernakulam. By the judgment, the Tribunal allowed the applications of the respondents for extension of permit and to operate on the approved routes which is envisaged in the scheme.

(3.) The respondents who are operating regular stage carriage service applied for permits to ply the vehicles on the routes of approved scheme framed under S.68D of the Motor Vehicles Act, 1939. The respondent Regional Transport Authority rejected the applications on the ground that the approved route and routes applied for overlap at some points, hence they preferred appeals under S.89 of the Motor Vehicles Act, 1988 against the said orders before the STAT, Ernakulam. The Tribunal allowed the appeal and directed the RTA to settle the timings in accordance with law and endorse the variation of the permit. It was held by the Tribunal that the respondent transport operators had been operating the services on those routes permitted by the RTA for a long time. Grant of permit as applied for will not affect the approved scheme if there is overlapping of some routes over short distances.