GAUHATI TRANSPORT ASSOCIATION Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India. The first petitioner is the Gauhati Transport Association, an Association registered under the Societies Registration Act (Act XXI of 1860), the members of which are holders of Stage Carriage permits for plying buses within the municipal limits of Gauhati city. The second petitioner is the Secretary of the said Association and is also a holder of one such Stage Carriage permit. They have prayed for quashing three notifications. The first is the notification dated 4th June, 1977 issued by the Government keeping in abeyance its earlier notification revising the fare in respect of stage carriages plying within the Muncipal limits of Gauhati. The second notification is dated 5th June, 1977 issued by the Government reintroducing the fares in respect of such Stage carriages plying within the Municipal limits which obtained prior to 1-5-1977. The third notification is dated 1st June, 1977 issued by the Government fixing concessional fares to students travelling in the city bases at the rate prevalent before 1st May, 1977.

(2.) ON 19th April, 1974, the Governor of Assam constituted a Committee, with the Minister for Transport as its Chairman, to examine the grievances of the operators of the Stage Carriage Vehicles as recorded in their representation dated 13-3-74 submitted to the State Government and to suggest remedial measures for the same. The Committee was asked to submit its report in April, 1974.

(3.) THE Government published a notification dated 24th March, 1975 under Clause (i) of sub-sec (1) of Section 43 of the Motor Vehicles Act, 1939 in the Assam Gazette Extraordinary dated 26th March, 1975, the relevant part of which reads as fallows: