SHART CHAND Vs. NATIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THIS writ petition is directed against the order resolution of the R. T. A. dated the 12th September. 1985, dismissing the petitioner's application for the grant of a temporary stage carriage permit on the Bhilwara-Shahpura route.

(2.) ON the Bhilwara-Shahpura via Sanganer, Bada Hube, Deeokola, Doongri route, originally the scope fixed was of three permits to perform three return services. The R. T. A. revised and increased the scope to five permits of five return services. The increase was upheld in revision by the State Transport Appellate Tribunal, by its order dated the 6th June, 1979. Against the original scope of three non-temporary stage carriage permits, one permit each was granted to : (1) Lal Chand. (2) Gyan Chand and (3) Sardar Gyan Singh. The permit in favour of Sardar Gyan Singh did not however, survive.

(3.) SUB-section (1) confers on the R. T. A. the power to grant temporary permits to meet temporary and special needs. The power to grant permit to meet the temporary need under clause (c) is circumscribed by the first proviso. The words "in no case" emphasise the absolute nature of the prohibition. To understand the true span of the expression "during the pendency of the application" it shall be necessary to have a look at Section 57 of the Act, which laps down the procedure for filing the application and granting permits. SUBsection (1) to (5) of Section 57, which are relevant for our purpose are set out below :- 57. Procedure in applying for and granting permits- (1) on application for contract carriage permit or a private carrier's permit may be at any time. (2) An application for a stage carriage permit or a public carrier's permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect, or if the Regional Transport Authority appoints dates for the receipt of such applications, on such dates. (3) On receipt of an application for a stage carriage permit or a public carrier's permit, the Regional Transport authority shall make the application available for inspection at the office of the Authority and shall publish the application or the substance thereof in the prescribed manner together with a notice of the date before which representations in connection there with may be submitted and the date, nor being less than thirty days from such publication, on which, and the time and place at which, the application and any representations, received will be considered : a (provided that, if the grant of any permit in accordance with the application or with modifications would have the effect of increasing the number of vehicles operating in the region, or in any area or on any route within the region, under the class of permit to which the application relates, beyond the limit fixed in that behalf under sub-section (3) of section 47 or sub-section (2) of section 55, as the case may be, the Regional Transport Authority may summarily refuse the application without following procedure laid down in this sub-section.) (4) No representation in connection with an application referred to in sub-section (3) shall be considered by the Regional Transport Authority unless it is made in writing before the appointed date and unless a copy thereof is furnished simultaneously to the applicant by the person making such representation. (5) When any representation such as is referred to in sub-section (3) is made, the Regional Transport Authority shall dispose of the application at public hearing at which the applicant and the person making the representation shall have an opportunity of being heard either in person or by a duly authorised representative.