ANIL JAIN Vs. STATE OF M P

JUDGEMENT

(1.) These writ petitions are being disposed of by this common order as they are of similar nature and were heard together.

(2.) The Petitioners come from different districts of the State of Madhya Pradesh and are bus operators by profession. They are, thus, required to use the bus-stands for halting their buses. In these petitions, they have challenged the orders of different District Collectors/District Magistrates passed as Chairman of the respective Bus-Stand Monitoring Committee prescribing the maintenance charges to be paid in respect of motor vehicles halting in the bus-stands.

(3.) Briefly stated the facts giving rise to these petitions are that, as part of the proceeding for the closure of Madhya Pradesh Road Transport Corporation (in short, "the Transport Corporation") and for proper operation of bus-stands operated by the Transport Corporation, the State Government took a decision on 26-5-2007 to handover all the bus-stands of the Transport Corporation to the local Municipal Authorities (Municipal Corporation or Municipal Council). At the time of taking the decision there were 78 bus-stands which were managed by the Transport Corporation out of which 34 were under the management of Municipal Authorities and the rest were being managed by the Transport Corporation itself. On the same date the Government also decided that the Transport Corporation will handover the management of all the bus-stands to the concerned Municipal Authorities and it shall be the responsibility of Municipal Authorities to develop basic facilities necessary for the passengers and the vehicles such as cleanliness, clean drinking water, waiting room for passengers, place of stopping the bus (platform), toilet etc. The local authorities shall be at liberty to take charges from the bus owners as per directions that will be separately issued by the Transport Commissioner. The decision of the State Government also provides that in every district there shall be a Bus-Stand Monitoring Committee of which Collector/District Magistrate shall be the Chairman whereas Superintendent of Police, Municipal Commissioner/Chief Municipal Officer, Regional/District Transport Officer and two representatives of passenger and Vehicle Owners' Association will be its members and it shall be the function of such Committee to ensure basic facilities at the bus-stand.