ROHTAS SINGH Vs. DISTRICT MAGISTRATE MEERUT

JUDGEMENT

(1.) D. K. Seth, J. The petitioner, holding permit to operate stage carriage on Meerut-Baghpat-Chaprauli route, had taken along with other operators of the Union, a plot measuring 9750 sq. ft. on lease in the year 1940 and con verted the same into a bus stand whereon Pucca construction therefor has been made with necessary facilities after obtaining sanction from the Municipal Board, Meerut. The bus stand is located at a central place convenient for the passengers. The bus stand has a frontage of 108 feet and is situated about 50 feet away from the main road. However, the petitioner parks only two vehicles at the bus stand at a time. Because it is centrally located, even the late ar rival of the bus at 9. 00 p. m. facilitates the passengers. The City Magistrate in the year 1971 under the orders of the District Magistrate directed the shifting of the bus stand to some other place. The said order was challenged in Writ Petition No. 694 of 1971 which was allowed on 19th August, 1974. Thereafter again on 6th January, 1983, the District Magistrate issued a fresh note direct ing the shifting of the bus stand to Transport Nagar. He had further directed that the bus travelling from Meerut to Baghpat and Meerut to Baraut would pick-up and set- down passengers only from Transport Nagar. The said order is Annexure '6' to the writ petition. It is this order which has been sought to be impugned in the present writ petition.

(2.) MR. L. P. Naithani appearing for the petitioner contends that in view of Section 68 (2) (r) (s) of the Motor Vehicles Act, 1939, hereinafter referred to as 'the Act', the State Government may delegate some of the powers of the District Magistrate, but in the present case, there has been no such delegation either upon the District Magistrate or upon the City Magistrate. Further more identical order passed in 1971 having been quashed in Writ Petition No. 694 of 1971 relying on the Judgment of the Supreme Court in the case of Bhopal Municipal Council v. Co-operative Society Limited, AIR 1973 SC 2124, self same order cannot be passed. Thirdly, the power under Section 76 of the Act can be exercised by the District Magistrate. But Section 76 deals with the power of fixing halting places and not of bus stand. According to MR. Naithani, on these grounds, the writ petition should be allowed.

(3.) SECTION 76 deals with parking places and halting stations which lays down: "76. Parking places and halting stations.- The State Government or any authority authorised in this behalf by the State Government may, in consult ation with the local authority having jurisdiction in the area concerned, deter mine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down passengers.