ivil Appeal No 243 of 1965
Appeal by special leave from the judgment and order dated January 13 1965 of the Madhya Pradesh High Court in Misc
Petition No 624 of 1964
SV Gupte Solicitor General and 1
N Shroff for the appellant
AG Ratnaparkhi for the respondent No 3
The Judgment of the Court was delivered by Ramaswami J
This appeal raises an important question as to the scope and interpretation of section 62c of the Motor Vehicles Act and as to whether the appellant The Madhya Pradesh State Road Transport Corporation was entitled in the circumstances of the case to the grant of a temporary permit for 4 months under section 62c of the Motor Vehicles Act
On November 27 1962 applications were invited for a permit for running a town bus service in Raipur
On February 20 1963 it was decided by the Regional Transport Authority to grant a permit for the service to the 3rd respondent Madhya Pradesh Transport Co Pvt Ltd Raipur but the 3rd respondent did not produce buses of the required specifications for operating the service though several opportunities were given
The order granting the permit to the 3rd respondent was consequently revoked by the Regional Transport Authority on September 13 1964
Shortly thereafter the Regional Transport Authority granted a temporary permit to the appellant for a period of two months ie from September 29 to November 28 1964 in respect of the aforesaid bus service
By the order dated November 25 1964 the Regional Transport Authority granted another temporary permit for 4 months to the appellant
The order of November 25 1964 states 788 From the large number of letters from some responsible members of the public received with this application and the statistics of the traffic catered to by the buses operated by the Corporation it is now clear that the public of Raipur is feeling the need of the town bus operations
It has been decided by this Authority separately that applications for regular operations on two routes actually operated temporarily with some extensions and one additional route be invited
However it has to be accepted that expectations of the public for these transport facilities at least on the existing two routes have been aroused and have created a particular need which has to be met temporarily till regular operations are introduced
The restrictions put by the first proviso to section 62 of the Motor Vehicles Act and which has been emphasized in the decision of their Lordships of the MP High Court in Shri Ram Khanna vs Raingopal Satyanarain 1961 MPLJ notes 121 will not operate in sanctioning a further grant for a period of four months till nearly the end of March when the academic year may end for a large number of students availing of this facility
A temporary permit for a period of four months from the date of expiry ie 28 11 1964 on the routes and timings covered by the previous order of grant dated 19 9 1964 is approved
This will stand cancelled if regular operations covering these routes are introduced in the meantime
 The 3rd respondent thereupon moved the High Court Of Madhya Pradesh on December 19 1964 for grant of a writ of certiorari to quash the order of the Regional Transport Authority granting temporary permits to the appellant for operating the bus service
The application was allowed by the High Court on January 13 1965 and a writ in the nature of certiorari was issued quashing the order of the Regional Transport Authority dated November 25 1964 by which a temporary permit was granted to the appellant
The High Court took the view that a temporary permit cannot be granted for any route when there is a permanent need for providing transport facilities on that route and it has been decided to invite applications for that purpose
This appeal is brought by special leave by the Madhya Pradesh State Road Transport Corporation against the judgment of the High Court in the writ petition
Section 62 of the Motor Vehicles Act states 62
A Regional Transport Authority may without following the procedure laid down in section 57 grant permits
to be effective for a limited period not in any case
789 to exceed four months to authorise the use of a transport vehicle temporarily a for the conveyance of passengers on special occasion such as to and from fairs and religious gatherings or b for the purposes of a seasonal business or c to meet a particular temporary need or d pending decision on an application for the renewal of a permit and may attach to any such permit any condition it thinks fit Provided that a temporary permit under this section shall in no case be granted in respect of any route or area specified in an application for the grant of a new permit under section 46 or section 54 during the pendency of the application Provided further that a temporary permit under this section shall in no case be granted more than once in respect of any route or area specified in an application for the renewal of a permit during the pendency of such application for renewal
 On behalf of the appellant it was contended in the first place that there was a particular temporary need for the provision of transport facilities and the High Court was erroneous in taking view that whenever there was a permanent need there could be no temporary need and so temporary permit could not be granted under section 62c of the Motor Vehicles Act
In our opinion the argument put forward by the learned Solicitor General on behalf of the appellant is well founded and must be accepted as correct
It appears from the order of the Regional Transport Authority that after the regular permit granted to respondent No 3 was can  celled there was a shortage of necessary number of transport vehicles on the route and the Regional Transport Authority thought it fit to provide for this temporary need until regular operations were introduced and regular permits were granted after following the procedure prescribed under section 57 of the Motor Vehicles Act
Section 62c of the Motor Vehicles Act states that the Regional Transport Authority may grant a temporary permit meet a particular temporary  need and
we see no reason why this clause should be given any special or restricted meaning
There is no antithesis between a particular temporary need and a permanent need and it is manifest that these two kinds of need may coexist on a particular route
If therefore
the Regional Transport Authority considered that in the circumstances of the case there
790 was a particular temporary need and granted a temporary permit to the appellant the action of the Regional Transport Authority cannot be challenged as legally invalid
Reference may be made in this connection to section 62d which contemplates that temporary permits may be granted to authorise the use of a transport vehicle temporarily pending decision on an application for the renewal of a permit
This sub section therefore contemplates that there may exist a temporary need for transport facilities on a particular route even in case of permanent need for such facilities
We are accordingly of opinion that the Regional Transport Authority was right as a matter of law in granting a temporary permit to the appellant under section 62c of the Motor Vehicles Act in the circumstances of this case and the view expressed by the High Court is not correct
It was also contended on behalf of respondent No 3 by Mr Ratnaparkhi that in any event the Regional Transport Authority ought not to have granted a temporary permit for a total period exceeding the limit of 4 months
Learned Counsel placed reliance the words in any case appearing in section 62 of the Motor Vehicles Act which has already been quoted
It was urged that the words in any case mean that under no circumstances a temporary permit can be granted on any route for more than a total period of 4 months
We are of opinion that the words in any case do not mean in any circumstance
The section means that at any one time the Regional Transport Authority is not permitted to issue to any person a temporary permit for a period exceeding 4 months but if the temporary need persists as for example where the formalities under section 57 are not completed within a period of 4 months it would in our opinion be permissible for the Regional Transport Authority to grant a second temporary permit in order to meet the temporary need
We should of course make it clear that the Regional Transport Authority cannot abuse its power  and go on granting temporary permits in quick succession and not take speedy action for completing the procedure under section 57 of the Motor Vehicles Act
If upon the facts of any particular case it appears that the Regional Transport Authority is so abusing its powers its action is liable to be corrected by grant of a writ but where such abuse of power is not alleged or shown the mere fact that the Regional Transport Authority has granted a temporary permit for a second time and the total duration of the two periods is more than 4 months would not invalidate the second permit
We accordingly reject the argument of learned Counsel for respondent No 3 on this point
With regard to the construction of section 62c of the Motor Vehicles Act there is divergen of opinion among the various High Courts
In Jairam Dass vs Regional Transport Authority1 1 ILR 791 it was held by the Rajasthan High Court that in a case where the Regional Transport Authority was of the view that the
existing regular bus service was not sufficient to meet the traffic and decided to increase the number of regular buses plying on the route it had the power to grant a temporary permit till the necessary formalities for increasing the regular permits were gone through and that this would amount to a temporary need
The same view has been taken by the Assam High Court in Chandi Prasad Mahajan vs The Regional Transport Authority Gauhati1 in which it was said that section 62c of the Motor Vehicles Act is quite general in terms and is not restricted to an existing particular need but includes a particular temporary need created by the inability of government or an individual to provide transport immediately
A contrary view has been expressed by Madras High Court in Sri Rama Vilas Service Ltd vs The Road Traffic Board MadrasC by Kerala High Court in Balagangadharan vs Regional Transport Board Quiton3 by Nagpur High Court in Shah Transport Co Chhindwara vs The State of Madhya Pradesh4 and by Mysore High Court in Mallasattappa vs The Chairman Regional Transport Authority Bangalore5 For the reasons already expressed we hold that the view taken by the Rajasthan High Court in Jairam Dass vs Regional Transport Authority6 and the Assam High Court in Chandi Prasad Mahajan vs The Regional Transport Authority Gauhati1 as to the interpretation and the effect of section 62c of the Motor Vehicles Act is correct
It was submitted on behalf of respondent No 3 that the order of the Regional Transport Authority dated November 25 1964 had already expired and the Regional Transport Authority had invited fresh applications for permanent permit by Gazette notification dated December 14 1964
It was contended by Mr Ratnaparkhi that any declaration that this Court may make with regard to the grant of temporary permit dated November 25 1964 would be academic
But the Solicitor General submitted on behalf of the appellant that it was necessary for this Court to declare the true position in law so that in consideration of fresh applications for a temporary permit in future no mistake may be made
The view taken by the High Court in the judgment under appeal would bind the Regional Transport Authorities in the State unless it is set aside
We agree with the contention of Solicitor General and consider that in the circumstances of this case the question is not totally academic
1 ILR 2 AIR 1948 Madras 400
3 AIR 1958 Kerala 144
4 AIR 1952 Nagpur 353
5 AIR 6 ILR 792 We accordingly allow this appeal and set aside the order passed
by the High Court dated January 13 1965 and declare that the order of the Regional  Transport Authority dated November 25
1964 granting a temporary permit to the appellant is legally valid
There will be no order with regard to costs of this appeal
Appeal allowed


Summary:
In February 1963 the first respondent Regional Transport Authority granted a permit to the third respondent for running a town bus service in Raipur but as the latter was unable to
put the service into operation the permit was revoked in September 1964
Thereafter the first respondent granted a temporary permit to the appellant for a period of two months and in November 1964 pending the grant of a permit for permanent regular operations granted a second temporary permit to the appellant for four months
The third respondent thereupon filed a petition in the High Court for a writ of certiorari to quash the order of the first respondent granting a temporary permit to the appellant on the ground inter alia that such grant was in violation of section 62 of the Motor Vehicles Act
The High Court allowed the petition being of the view that a temporary permit could not be granted for any route when there was a permanent need for providing transport facilities on that route and it had been decided to invite applications for that purpose
In the appeal before this Court it was also contended that the provision in section 62 that a temporary permit could be granted for a period not in any case to exceed four months meant that under no circumstances could a temporary permit be granted on any route for more than a total period of four months
On the other hand it was the appellant s contention that in the circumstances of the case there was a particular temporary need within the meaning of section 62c and the High Court was in error in taking the view that whenever there was a permanent need there could be no temporary need
HELD i The Regional Transport Authority was right as a matter of law in granting a temporary permit to the appellant under section 62c of the Act in the circumstances of the case
790 C After the regular permit granted to the third respondent was cancelled in view of a shortage of transport vehicles on the route the Regional Transport Authority thought it fit to provide for this temporary need until permanent regular operations could be introduced in accordance with the procedure prescribed in section 57
There was no reason why the clause to meet a particular temporary need should be given any special or restricted meaning
There is no antithesis between a particular temporary need and a permanent need and it is manifest that these two kinds of need may co exist on a particular route
789 G H 786 787 ii The words in any case in section 62 do not mean in any circumstance
The section means that at any one time the Transport Authority is not permitted to issue to any person a temporary permit for a period exceeding 4 months but if the temporary need persists then except where an abuse of the power is shown it would be permissible to grant a second temporary permit to meet the temporary need
790 D F Jairam Dass vs Regional Transport Authority ILR  Chandi Prasad Mahajan vs The Regional Transport Authority Gauhati ILR  approved
Sri Rama Vilas Service Ltd vs The Road Traffic Board Madras AIR 1948 Madras 400 Balagangadharan vs Regional Transport Board Quilon AIR 1958 Kerala 144 Shah Transport Co Chhindwara vs The State of Madhya Pradesh AIR 1952 Nagpur 363 Mallasattappa vs The Chairman Regional Transport Authority Bangalore AIR  disapproved