IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 10340 of 2008 DATE OF DECISION: JULY 01, 2008 Pepsu Road Transport Corporation, Patiala .....PETITIONER Versus Shree Rara Sahib Bus Service Regd., Ludhiana and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE RAKESH KUMAR GARG --- Present: Mr. Jagdish Marwaha, Advocate, for the petitioner. .. SATISH KUMAR MITTAL, J. Pepsu Road Transport Corporation has filed this writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 22.03.2007 passed by the State Transport Appellate Tribunal, Punjab, Chandigarh, (hereinafter referred to as `the Appellate Tribunal') whereby the revision filed by the petitioner against the order dated 15.04.2005 passed by the State Transport Commissioner, exercising the powers of the Regional Transport Authority, has been dismissed. On an application filed by respondent No.1 for grant of regular curtailment and extension under Section 80(3) of the Motor Vehicles Act, 1988, the Regional Transport Authority vide its order dated 15.04.2005 allowed the regular curtailment of the route of one stage carriage permit from Dehlon to Dholewal on Ludhiana-Phallewal via Dehlon route and granted C.W.P. No. 10340 of 2008 -2- extension of the said route up to Ahmedgarh. The petitioner-Corporation objected to the said curtailment and extension on the ground that the said curtailment and extension would violate the provisions of Clause (4) of the Modified Transport Scheme dated 21.10.1997 and further there are number of bus service from Dehlon to Ahmedgarh, therefore, the said extension is not in public interest. The Appellate Tribunal while dismissing the revision filed by the petitioner has observed that the proposed curtailment and extension granted by the Regional Transport Authority does not violate the modified Transport Scheme dated 21.10.1997 as the proposed extension is within the permissible limit of the Scheme. Counsel for the petitioner has raised only one argument to the effect that the proposed extension of the route from Dehlon to Ahmedgarh is violative of Clause (4) of the Modified Transport Scheme dated 21.10.1997. After hearing the counsel for the petitioner and going through the record of the case, we do not find any substance in the argument raised by the counsel. Undisputedly, the proposed extension from Dehlon to Ahmedgarh, having the length of 8 Kms., falls on the monopoly route. As per the survey report, the length of the monopoly route is 58 Kms. Clause (4) of the Modified Transport Scheme dated 21.10.1997 provides that all future operations on monopoly routes shall be operated by the State Transport Undertakings provided that a private operator may be allowed to operate on a portion of 20% of the monopoly route or up to the distance of 15 Kms. on the said route, whichever is less, where it is necessary or in the public interest to do so. As mentioned in the survey report, the proposed C.W.P. No. 10340 of 2008 -3- extension, which was found in public interest, covers only 8 Kms. of the monopoly route which is less than 15 Kms. or 20% of the monopoly route, therefore, the proposed extension does not violate Clause (4) of the Modified Transport Scheme dated 21.10.1997. Thus, we do not find any ground to interfere in the impugned order in exercise of the inherent powers under Articles 226/227 of the Constitution of India. Dismissed. (SATISH KUMAR MITTAL) JUDGE July 01, 2008 (RAKESH KUMAR GARG) vkg JUDGE