PUNAM SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a transporter whose public passenger buses passes through the Chapra town and some of the vehicles start from Chapra town itself. She challenges the authority of the Collector-cum-District magistrate, Saran at Chapra to declare certain area as Chapra town bus stand as that area is at present not only inaccessible but substantially under water and useless or incapable of being used as such. Her further challenge is that the fee that is charged with reference to Rule 191 (2) (i) of the Bihar Motor Vehicles Rules. Rue 192 is thus wholly unauthorized till such time a town bus stand is in fact created with facilities therein.

(2.) STATE has filed counter-affidavit and this position is not disputed. It is only recently that the area was surveyed and notified for the purposes of town bus stand and as per report of the District Engineer dated 22-11-2008 (Annexed to the counter-affidavit) the area is a ditch and under water, even approach roads are not there. It is estimated that it will involve an expenditure of about rs. 1,27,45,000/- (One crore, twenty seven lacs and forty five thousand only) for development of the site into a bus stand out of which about Rs. 45 lacs is required for earth filling alone. This fact undisputedly establishes that even as late as in the end of year 2008 there was not an iota of any infrastructure let alone town bus stand at Chapra. All that is said that some part of the approach road to the ditches has been made, unfortunately it is not an approach road to the town bus stand. Thus, in fact and in law the town bus stand is non-existent and there is no infrastructure work in its name therein. It is on these undisputed fact that the notification, the settlement, the charging of fee and the liability to pay fee has been challenged before this Court.

(3.) MOTOR Vehicle Act, 1988 was enacted by the Parliament in exercise of concrete power conferred on it in terms of entry 35 list III to the 7th schedule of the Constitution. The State Government under the said act was authorized to frame Rules pursuant to which the Bihar Motor Vehicles Rules, 1992 was enacted for the purposes of the said Act. One of the purposes of the said act is for regulation of vehicular traffic on road in town and cities. It is with that object in mind Rule 191 of the Bihar Motor vehicles Rules, 1992 have been framed, which is quoted hereunder : rule 191. Parking places and halting stations.- (1) In consultation with local authorities having jurisdiction in the area concerned and in the city where there is Commissioner of Police, in consultation with such Commissioner of Police and elsewhere, with the District Magistrate, the Regional transport Authority may, by notification in the official Gazette or by the erection of traffic signs which are permitted for the purpose, in consultation with the local authorities having jurisdiction in the area concerned District Magistrate by notification in the official gazette or by the erection of traffic signs for the purpose under sub-section (1) of Section 116, or both, in respect of picking up or setting down of passengers or both, by public service vehicles or by any specified class of public service vehicle -- (1) Conditionally or unconditionally prohibit the use of any specified place or of any place of a specified nature or class, or (ii) require that within the limits of any municipal corporation, municipality, notified area of or cantonment, or within such other limits as may as specified in the notification, certain specified stands of halting places only shall be used : provided that no place which is privately owned shall be so notified except with the previous consent in writing of the owner thereof. (2) Whether a place has been notified or has been demarcated by traffic signs, or both, as being a stand or halting place for the purpose of this rule, then notwithstanding that the land is in possession of any person, the place shall, subject to the provisions of these rules, be deemed to be a public place within the meaning of the Act; and the Regional Transport Authority may enter into an agreement with, or grant a licence to any person for the provision or maintenance of such place including the provision or maintenance of the buildings or works necessary thereto, subject to the termination of the agreement or licence forthwith upon the breach of any condition thereof and may otherwise make rules or give directions for the conduct of such plage including rules or direction - (i) Prescribing the fees to be paid by the owners of public service vehicles using the place and providing for the receipt and disposal of such fees; (ii) specifying the public service vehicles, or the class of public service vehicles which shall use the place or which shall nol use the place; (iii) appointing a person to be the manager of the place and specifying the powers and duties of the manager; (iv) requiring the owner of the land, or the local authority, as the case may be, to erect other works as may be specified in the rules or in the direction, and to maintain the same in serviceable, clean and sanitary condition; (v) requiring the owner of the land or the local authority, as the case may be, to arrange for the free supply of drinking water of passengers including intending passen gers, (vi) prohibiting the use of such place by specified persons or by other than specified persons.