MUNNI DEVI Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Regional Transport Authority, Meerut (herein after referred to as the R.T.A.), vide its resolution dated 26-9-1994, fixed the limit of 35 for grant of stage carriage permits on Mawana- Phalawade-Khatauli- Nawala -Mansoorpur Gao-Mansoorpur- Munnaurpur- Sindhawali- Kookara- Muzaffarnagar route (hereinafter referred as the route) and granted permits to all the applicants with the condition that only 35 permits will be issued to the grantees on the basis of "first come first serve". By the same resolution another condition of placing not more than ten years old vehicle under the permit was also imposed. Petitioners, who applied for and were granted permits by the R.T.A. by the aforesaid resolution, being aggrieved by the above condition, have filed this writ petition.

(2.) On 14-12-1994 this Court while granting to the learned standing counsel for filing counter-affidavit, passed the following order in this writ petition:

(3.) Sub-section (3) of Section 47 of the Motor Vehicles Act. 1939 (hereinafter referred to as the old Act) provided for fixation of the limits before grant of stage carriage permit. However, in Motor Vehicles Act 1988 (herein after referred to as the new Act), whereby old Act has been repealed, there is no such provision providing for fixation of limits for grant of stage carriage permit, except in respect of city routes in towns with a population of not less than five lacs. Supreme Court in Mithilesh Garg. v. Union of India, AIR 1992 SC 443: (1991 All. LJ 1167) has, in this connection, also laid down that under the new Act the authorities cannot fix limit for grant of permit. In Writ Petition No.36761 of 1994, Shamom Haider v. R.T.A. decided today, we have held that it is not open to the R.T.A. to fix limits for grant of permits. We have also held that R.T.A. cannot grant permits on the basis of "first come first serve" principle. It has to apply its mind to each applicant for permit and thereafter grant permits to the suitable persons. Regional Transport Authority was, therefore, not justified to fix limit for grant of permit on the route. The order of R.T.A. fixing limit for grant of permit, as such, cannot be sustained.