C. W. P. No. 21212 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : C. W. P. No. 21212 of 2008 Date of Decision : December 18, 2008. Punjab Roadways, Batala and another .... Petitioners Vs. Param Transport Company Regd. and another .... Respondents CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Ms. Sudeepti Sharma, D.A.G., Punjab for the petitioners. * * * ADARSH KUMAR GOEL, J. (Oral) : 1. The petitioners, Punjab Roadways are aggrieved by order dated 27.08.2008 of State Transport Appellate Tribunal, accepting application of respondent no.1 for diversion of the route permit and setting aside the order of the State Transport Commissioner, Punjab, Chandigarh. 2. Respondent no.1 holds a route permit for plying on Gurdaspur- Ludhiana route via Batala, Mehta, Dera Baba Jaimal Singh, Beas, Subhanpur, Kapurthala, Jalandhar. Grant of diversion of the route was sought by respondent no.1 to operate it via Kartarpur, Sarai Khas and Hirapur instead of going via Kapurthala. 3. The survey was got conducted, according to which, curtailment of route was 28.7 kms and diversion was 23.4 kms, on the monopoly route C. W. P. No. 21212 of 2008 2 of the petitioners. The petitioners objected to the grant of prayer for diversion. The competent authority rejected the said application observing that the private operators could not be allowed diversion on the monopoly route beyond 15 kms as per the Scheme. 4. The Tribunal held that diversion on the monopoly route worked out to be only 13.2 kms. Reliance was placed on survey report in the connected appeal, which has given rise to C.W.P. No.21214 of 2008, which is also being disposed of by separate order today. 5. The Tribunal held that there was no violation of the Scheme in granting the prayer and travelling public would be benefitted if diversion is allowed. 6. We have heard learned counsel for the petitioners. 7. In view of finding of the Tribunal, which is based on survey report, we do not find any ground to interfere. 8. The petition is dismissed. (ADARSH KUMAR GOEL) JUDGE December 18, 2008 ( L. N. MITTAL ) monika JUDGE