DUNLOP BRIDGE MINI BUS OWNERS ASSOCIATION & ORS. Vs. REGIONAL TRANSPORT AUTHORITY, CALCUTTA REGION & ORS.

JUDGEMENT

(1.) On 10th Nov., 1981, the petitioners in the application for Rule, who were owners and operators of Mini Buses in Route No. 159, running from Dunlop Bridge to B. B. D. Bag, under permits duly issued and obtained from the concerned Regional Transport Authority, moved and obtained the rule against the owners and pliers of Mini Buses amongst others, operating in Route Nos. 163 and 164, which initially plied from Bhupen Bose Avenue (Shyambazar Five Point Crossing) to Howrah Station via Bepin Behari Ganguly Street, B. B. D. Bag and Strand Road and Bhupen Bose Avenue (Shyambazar Five Point Crossing) via Central Avenue, Chittaranjan Avenue, Bepin Behari Ganguly Street to B. B. D. Bag respectively. At the time of issuing the rule, no interim order was granted but liberty was given to apply for appropriate interim order on the same application, on notice to the respondents. It would appear that thereafter, on 30th Nov. 1981, on mentioning, an interim order was made, restraining the respondents and each one of them or other subordinates from giving any effect or further effect to the impugned resolution dated 19th Aug., 1981, as passed by the Regional Transport Authority, Calcutta Region (hereinafter referred to as the said Authority). The particulars of the resolution would be mentioned hereinafter.

(2.) The petitioners claimed that respondent Nos. 5, 6, and 7 of the petition, were owners of Mini Buses, which plied in the first route as mentioned above and which was otherwise known as Route No. 163 and respondent Nos. 8 to 12 were owners of Mini Buses, which plied in the other route, being Route No. 164. It was the case of the petitioners that their Route, being No. 159, initiates from Dunlop Bridge and passes through B. T. Road, Tobin Road", Sinthi More, Chirea More, Shyambazar Five Point Crossing, Bhupen Bose Avenue, Central Avenue, Chittaranjan Avenue, Bepin Behari Ganguly Street and ends at B. B. D. Bag. There was also a statement made, that the petitioners at all material times plied .for Applicants for Petitioners .for other Respondents and still are plying in their Route No. 159, on the basis of Fare Table as prescribed and recommended by the said authority. They have also given particulars of the fares recommended in respect of Route No. 164 as mentioned above, by such authority and so also those in respect of Route No. 163.

(3.) It was the categorical assertions of the petitioners that at all material times they were plying their vehicles, on the basis of the rates as prescribed and in their route, without any trouble or hindrances from anybody or any quarter. But, towards the beginning of Aug., 1981, the Mini Buses, which were meant for Route Nos. 163 and 164 as mentioned above, had to be shifted from their terminus at Shyam Bazar Five Point Crossing/Bhupen Bose Avenue to Raja Dinendra Street and more particularly in front of Deshbandhu Park, in terms of the instruction issued by the Deputy Commissioner of Police, Traffic, Calcutta because of the excavation work of Metro Railways at Bhupen Bose Avenue. The letter of the Deputy Commissioner of Police as mentioned above, was dated 24th July, 1981 and has been disclosed as Annexure "A" to the application for variation or modification of the interim order, which is being dealt with by me. The said letter showed that as the M. T. P. had started their under-ground work on Bhupen Bose Avenue near Shyambazar Five Point Crossing, where the Mini Buse Terminus of Route No. 164 existed, immediate shifting of such terminus was necessary and it was suggested that the same be shifted to the Eastern side of Raja Dinendra Street between Shyamlal Street and Nilambar Mukherjee Street as a temporary measure subject to the approval of the said authority. There is no doubt that such shifting of the Bus Terminus of Mini Buses from Bhupen Bose Avenue was recommended on account of M. T. P. works.