KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These petitions involve identical questions of law and facts in each case. There is no dispute over facts at all. With the consent of the parties, the cases were heard together and are being decided together by this common order, it governs all the cases.

(2.) The surface transport in India is undertaken either by railway or by road. On road the transport is usually by motor vehicle, passenger transport is invariably by motor vehicles. The passenger transport was governed by the Motor Vehicles Act, 1939. With development of transport facilities and voluminous increases in the passenger transport restructuring of the law was found necessary and hence Motor Vehicles Act, 1988 was passed by the Parliament making a comprehensive legislation governing the surface transport in India. Since 1988, therefore, all the questions pertaining to grant of permits, registration etc. of vehicles plying for passenger transport within India are governed by the provisions of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). Chapter I of the Act deals with preliminary definitions. Chapter II provides for licensing of drivers of motor vehicle and spells out the conditions subject to which licences for driving motor vehicle would be granted. The procedure for grant of such licence, for renewal etc. is stated. It also provides for suspension of the licence in certain contingencies mentioned in this chapter. Chapter III pertains to conductors. Chapter IV prescribes the procedure for registration of the vehicles. Chapter V deals with control of transport vehicles.

(3.) In the present case, we are concerned to the Chapter V. It begins with Section 66, which spells out the necessity of permits for plying transport vehicles of any kind in any place at any time. Section 67 gives the power to control the road transport to the State Government. Then the entire procedure necessary to be followed for grant of such permits as are described in this chapter is laid down in the subsequent sections. The provisions of Chapter V also provide for conditions governing the passenger transport by vehicle outside the State boundaries of each State. The Governments of each State within the territories of Union of India entering into agreement called inter-State agreement agreeing to the number of routes, number of vehicles or permits that should be granted on each route, the conditions on which these vehicles would ply etc. is stipulated in this agreement.