LAWS(ALL)-2003-4-147

M K JAIN Vs. STATE TRANSPORT

Decided On April 04, 2003
M.K.JAIN Appellant
V/S
STATE TRANSPORT APPELLATE TRIBUNAL, LUCKNOW Respondents

JUDGEMENT

(1.) Meerut-Bijnor route lies partly within the jurisdiction of Regional Transport Authority (in short referred to as R.T.A.), Meerut, and partly within the jurisdiction of R.T.A., Moradabad. There are 83 permit holders on Meerut-Bijnor route for operating stage carriages. Another inter regional route namely Muzaffarnagar-Bijnor route is traversed by 38 permit holders of stage carriage operating private transport vehicles. A scheme was proposed under Section 68-C of the Motor Vehicles Act, 1939 (in short Old Act) covering Muzaffarnagar- Bijnor route, which was confirmed under Section 68-D of the Old Act and was notified on 5-11-1977. This notified Muzaffarnagar -Bijnor route passed through Bhope- Moma-Rawalighat for reaching Bijnor, and crossed river Ganges by Pentoon bridge at Rawalighat. The other route namely Meerut- Bijnor passed through Mawana-Behsuma- Ramraj-Dharapur-Bidur Kuti for reaching Bijnor. This other route was not notified route, and crossed river Ganges at Bidur Kuti for reaching Bijnor. A portion of this route from Bidur Kuti and Bijnor was also a part of notified route which is, however, not subject-matter of dispute in these petitions. In the year 1985 a bridge was constructed over river Ganga at Dewal known as Ganga Barrage and was made open to public. Upon construction of this bridge and making it open to public, the Pantoon bridges at Rawalighat and Bidur Kuty were abandoned and that both Muzaffar Nagar-bijnor (notified route) and Meerut-Bijnor non notified route) coveraged for passing through the Ganga Barrage, at Dewal; whereas the Muzaffarnagar-Bijnor (notified route) diverted from Morna to Dewal for reaching Bijnor, the non notified route of Meerut- Bijnor diverted at Ramraj to Mirapur and then to Dewal Barrage for reaching Bijnor. Upon such convergence both the routes started sharing a common strip of about eleven KM from Dewal to reach Bijnor, for crossing river Ganga. There is no dispute that there is no other town between Dewal and Bijnor and that Dewal bridge is the only bridge for crossing over river Ganga, available to both the routes.

(2.) On the date of notification of the scheme under section 68-D of the Old Act dated 5-11-1977, the existing operators including Mohd. Sabir who is succeeded by Mohd. Tahir, respondent No. 3 were operating on Meerut-Bijnor (non notified route) under valid permits, and were protected by the scheme. Section 68-FF of the Old Act prohibited any private operators to ply vehicles over notified portion of the route except in accordance with scheme. The same restriction has been incorporated in Section 104 of the Motor Vehicles Act, 1988 (in short theNew Act).

(3.) Some applications were moved before the R.T.A. Meerut for grant of permits on Meerut-Bijnor route. They were rejected vide resolution dated 27/28-8-1982. A writ petition was filed before this Court restraining R. T.A.s of Meerut and Moradabad from granting/issuing permit on Meerut- Muzaffarnagar route in which restraint orders were issued on 30-10-1989. However, R.T.A., Meerut by its order dated 4/5-9- 1989, had granted permits. Applications were also made for temporary permits on the route against which existing operators filed another writ petition challenging proposed grant. On 11-8-1989 this Court directed Transport Authorities to consider the objections made by petitioners in respect of grant of permits. The existing operators of Meerut-Bijnor route also apprehended that the S.T.A.s may grant permits and as such objections were filed before the S.T.A. on 19- 1-1989 and 5-6-1989. On 29-9-1989 the State Transport Authority assumed powers and functions over non nationalised portions of Meerut-Bijnor-Muzaffarnagar routes and on the same day by same order, it granted permits to 48 applicants. Aggrieved against the action of State Transport Authority in taking over the jurisdiction and granting permits to 48 applicants. Revision No. 68 of 1990 was filed by Mohd. Sabir, since deceased and substituted by Mohd. Tahir, on 20-11-2001, under Section 90 of the Motor Vehicles Act, 1988. After condoning the delay in filing of revision, the State Transport Appellate Tribunal, Lucknow (in short STAT) has allowed the revisions on 23-10-2002, and while setting aside the order dated 29- 9-1989 of S.T.A. assuming jurisdiction on Meerut-Bijnor and allied routes has set aside the grant of 48 regular Stage carriage permits, giving rise to these two writ petitions by operators holding permits, issued prior to notification of the Scheme.