PRIVATE BUS OWNERS' ASSOCIATION Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to quash the decision of opp. Party no. 1-State of Orissa represented by Secretary, Housing and Urban Development Department and opp. Party no.2-Bhubaneswar-Puri Transport Service Limited, a Government of Odisha Company identifying /clubbing the route Jagannath Temple (Puri) to Master Canteen (Bhubaneswar) in the cluster of routes under Annexures-6 and 7 in the city route of Puri Town. Further prayer of the petitioner is to hold and declare that the route Jagannath Temple (Puri) to Master Canteen (Bhubaneswar) cannot be said to be a city route or within the city limit of Bhubaneswar and Puri, so as to provide the city bus services under the scheme Jawaharlal Nehru National Urban Renewal Mission (hereinafter referred to as "JNNURM") on the ground that the same is illegal and against the object of the National Urban Transport Policy as the said route cannot be a city route.

(2.) PETITIONERS ' case is that for implementation of Urban Transport Policy, the Government of India has formulated the scheme JNNURM as per which Government of India has provided 100% central grant to the implementing agency. The Mission under JNNURM is to encourage reforms and fast track planned development of identified cities. The main thrust of the mission will be on infrastructure projects relating to water supply and sanitation, sewerage, solid waste management, road network, urban transport and redevelopment of old city areas with a view to upgrading infrastructure therein. Under the JNNURM Scheme, cities in Orissa i.e. Bhubaneswar and Puri under category 'C' are identified and the Government of India has provided 100% assistance to the State Government to procure buses to operate as city bus service within the city limit of Bhubaneswar and Puri. For implementation of above project under JNNURM, the Government of India has appointed Urban Mass Transit Company Limited ( in short, "UMTCL") a wholly public sector company to help in preparation of project report, detailed design of operational plan and contracting of operators etc. and to provide consultancy service to implementing agencies. The Government of Orissa in Housing and Urban Development Department vide its letter dated 28.7.2009 requested the UMTCL for necessary presentation on the findings of Route Identification Study-City Bus Service in Bhubaneswar and Puri under JNNURM. The UMTCL had conducted detailed survey and presented the routing plan for Bhubaneswar and Puri. After detailed survey of route conducted by the UMTCL and procuring vehicles under the Government of India assistance, the Government of Orissa has taken decision to outsource the operation of city buses to private operators. While taking decision to outsource the operation of the city bus service in favour of the private operators, the State Government identified the cluster of routes where Jagannath temple (Puri) and the Master Canteen (Bhubaneswar) have been included in the cluster of route in Puri city for operation as city bus service. Being aggrieved by the decision taken by the opp. Parties, the present writ petition is filed.

(3.) MR . Padhi, learned Senior Advocate further submitted that the very object of Urban Transport Policy is to ensure safe, affordable, quick, comfortable, reliable and sustainable access for the growing number of city residents to jobs, education, recreation and such other needs within the city. The urban local bodies are responsible for delivering transport services under the JNNURM scheme, the said basic services could be done in partnership with private sector to improve efficiency of operations and lower the over all cost of serving the public and thereby improve financial sustainability. The urban transport could not improve efficiency of transport operation when it engaged in inter regional routes or the route beyond the urban areas. The decision to operate in the route in question i.e. Jagannath Temple, Puri to Master Canteen, Bhubaneswar is bound to have a negative impact on the passengers for transport. Concluding his arguments Mr. Padhi has prayed for grant of the relief sought for in the writ petition.