MUNNAWAR JAHAN BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, two Bus Operators of Manasa, district Mandsaur, Madhya Pradesh are challenging the constitutional validity of section 80 of the Motor Vehicles Act, 1988, (in short, the "new Act"), on the ground that it over -looks public interest and confers uncanalised and arbitrary powers to Regional Transport Authorities in the matter of grant of stage carriage permits for regional routes. It is further said to be bad, because it does not recognize any right of hearing to the existing operators before making any fresh grant.

(2.) REFERRING to sub -sections (1) and (3) of section 47 of the Motor Vehicles Act, 1939, (in short, the "old Act") the learned counsel for the petitioners argued that while considering an application for a stage carriage permit, the Regional Transport Authority was bound to consider the various matters enumerated in sub -section (1), as also to "t1ke into consideration any representations made by persons already providing passenger transport facilities by any means along or near the proposed route or area, or by any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government, or by any local authority or police authority within whose jurisdiction any part of the proposed route or area lies", and that he could "limit the number of stage carriages generally or of any specified type for which stage carriage permits may be granted in the region or in any specified area or on any specified route within the region" in exercise of his powers under sub -section (3) and having regard to the matters specified in sub -section (1). Absence of similar safe -guards and restrictions rendered the provisions of section 80 of the new Act invalid.

(3.) THE learned counsel for the petitioners also relied on the provisions of sub -sections (3) and (5) of section 57 of the old Act in support of his contention that in the absence of similar provisions in the new Act, section 80 of the new Act was liable to be struck down as infringing the fundamental right of the petitioners.