Case: Delhi Administration Vs. State of Haryana and Others

the Delhi State authorities) amounted to an extension of the route which the Act did not permit."We find no force in either of these contentions for the reasons which follow and which are substantially the same as advanced by the High Court in the detailed judgment under appeal.6. Sub-section (2) of Section 63 of the Act states:"(2) A Regional Transport authority when countersigning the permit may attach to the permit any condition which it might have imposed if it has granted The permit, . and may likewise vary any condition attached to the permit by the Authority by which the permit was granted."The conditions which a Regional Transport Authority may attach to a permit while granting it are contained in clause (xiv) above mentioned which runs thus:(xiv) that tickers bearing specified particulars shall be is sued to passengers and shall show the fares actually charged and that records of tickets, issued shall he kept in a specified manner;"According to this clause, the conditions attached to the grant of a permit may be-(a) that the tickets issued to passengers shall bear specified particulars;(b) that the tickets shall show the fares actually charged; A and(c) that records of the tickets issue(l shall be kept in the manner specified.None of these conditions embraces a restriction on the permit holder that he shall not ply his vehicle beyond the specified inter-state route even if that is done under another permit which is valid according to law, and we, therefore, do not see how clause (vix) as above extracted read with sub-sec. (2) of S. 63 of the Act helps the case of the appellant.7. Nor can we agree with the plea that the counter-signature above extracted could be construed as laying down a condition that the permit-holder could not ply his vehicle beyond the specified terminus in the State of Haryana. Learned counsel for the appellant has laid emphasis on the words "Tickets will be issued for the destinations between Delhi and Karnal. Destination boards should be exhibited, " and wants us to interpret them as implying a prohibition on the use of the concerned vehicles beyond Karnal. We are of the opinion, however, that no such interpretation can be placed on them. They merely lay down positive instructions which the permit-holder had to carry out, namely, that he would not refuse the issue of a ticket between the two termini, i.e., Delhi and Karnal, and that he would also exhibit a board stating that the vehicle in question would cover the route from Delhi to Karnal. Beyond that the words do not go and cannot be construed to mean that the vehicle could not ply beyond p Karnal or that a board saying that it was going to Chandigarh via Karnal cloud not be exhibited, or that tickets could not be issued for any stations except those lying between Delhi and Karnal. In fact, the authority counter-signing the permit had no concern at all with any route beyond Karnal. The playing J of the vehicle from Karnal to Chandigarh would be governed not by the permit covering the Delhi-Karnal route or by the counter-signature on it but by another permit issued by the authority competent to deal with the route between Karnal and Chandigarh. The first contention raised on behalf of the appellant is, therefore, found to be without substance.8. We also find no force in the plea that the plying of vehicles by the Haryana Roadways beyond the inter-State route under valid permits issued by the competent authority would amount to an "extension" of the route such as is prohibited by the Act. Reliance in support of the plea was placed on sub-s. (8) of S. 57 of the Act which lays down:"(8) An application to vary the conditions of any permit, other than a temporary permit, by the inclusion of Ba new route or routes or a new area or, in the case of a stage carriage permit, by increasing the number of trips above the specified maximum or by altering the route covered by it or in the case of a contract carriage permit or a public carriers permit, by increasing the number of vehicles covered by the Permit, shall be treated as an application for the grant of a new permit:Provided that it shall not be necessary so to treat an application made by the holder of a stage carriage permit who provides the only service on any route Or in any area to increase the frequency of the service so provided, without any increase in me number of vehicles."9. As pointed out by the High Court, the language of the sub-section applies only to a case where the permit-holder applies for the variation of the conditions of his permit by inclusion of a new route or routes or a new area or by increasing the number of services above the specified maximum. In the case before us this situation does not arise at all inasmuch as the Haryana Roadways has not applied for the variation of an y permit in any way and has, on the other hand, taken and exploited quite another permit for an entirely different route from another competent authority. Apart from sub-sec. (8) above mentioned, we have not been referred to any provision of t he Act in support of the plea under consideration which, therefore, fails.10. Learned Counsel for the appellant drew our attention to a Possible unfortunate situation which might result from the conclusions which the High Court has reached and, in our opinion, reached rightly. His apprehension was that in order to make more money and to avoid inconvenience to itself the Haryana Roadways, while operating under the permit pertaining to the Delhi-Karnal route, would perhaps not issue any tickets to passengers bound for stations lying II in between Delhi and Karnal so long as it could find customers travelling directly from Delhi to Chandigarh and that in that event the real purpose of the counter-signature would be wholly defeat ed.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]We find no force in either of these contentions for the reasons which follow and which are substantially the same as advanced by the High Court in the detailed judgment under appeal.Nor can we agree with the plea that the counter-signature above extracted could be construed as laying down a condition that the permit-holder could not ply his vehicle beyond the specified terminus in the State of Haryana. Learned counsel for the appellant has laid emphasis on the words "Tickets will be issued for the destinations between Delhi and Karnal. Destination boards should be exhibited, " and wants us to interpret them as implying a prohibition on the use of the concerned vehicles beyond Karnal. We are of the opinion, however, that no such interpretation can be placed on them. They merely lay down positive instructions which the permit-holder had to carry out, namely, that he would not refuse the issue of a ticket between the two termini, i.e., Delhi and Karnal, and that he would also exhibit a board stating that the vehicle in question would cover the route from Delhi to Karnal. Beyond that the words do not go and cannot be construed to mean that the vehicle could not ply beyond p Karnal or that a board saying that it was going to Chandigarh via Karnal cloud not be exhibited, or that tickets could not be issued for any stations except those lying between Delhi and Karnal. In fact, the authority counter-signing the permit had no concern at all with any route beyond Karnal. The playing J of the vehicle from Karnal to Chandigarh would be governed not by the permit covering the Delhi-Karnal route or by the counter-signature on it but by another permit issued by the authority competent to deal with the route between Karnal and Chandigarh. The first contention raised on behalf of the appellant is, therefore, found to be without substance.We also find no force in the plea that the plying of vehicles by the Haryana Roadways beyond the inter-State route under valid permits issued by the competent authority would amount to an "extension" of the route such as is prohibited by the Act. Reliance in support of the plea was placed on sub-s. (8) of S. 57 of the Act which laysAn application to vary the conditions of any permit, other than a temporary permit, by the inclusion of Ba new route or routes or a new area or, in the case of a stage carriage permit, by increasing the number of trips above the specified maximum or by altering the route covered by it or in the case of a contract carriage permit or a public carriers permit, by increasing the number of vehicles covered by the Permit, shall be treated as an application for the grant of a new permit:Provided that it shall not be necessary so to treat an application made by the holder of a stage carriage permit who provides the only service on any route Or in any area to increase the frequency of the service so provided, without any increase in me number ofpointed out by the High Court, the language of the sub-section applies only to a case where the permit-holder applies for the variation of the conditions of his permit by inclusion of a new route or routes or a new area or by increasing the number of services above the specified maximum. In the case before us this situation does not arise at all inasmuch as the Haryana Roadways has not applied for the variation of an y permit in any way and has, on the other hand, taken and exploited quite another permit for an entirely different route from another competent authority. Apart from sub-sec. (8) above mentioned, we have not been referred to any provision of t he Act in support of the plea under consideration which, therefore, fails.Learned Counsel for the appellant drew our attention to a Possible unfortunate situation which might result from the conclusions which the High Court has reached and, in our opinion, reached rightly. His apprehension was that in order to make more money and to avoid inconvenience to itself the Haryana Roadways, while operating under the permit pertaining to the Delhi-Karnal route, would perhaps not issue any tickets to passengers bound for stations lying II in between Delhi and Karnal so long as it could find customers travelling directly from Delhi to Chandigarh and that in that event the real purpose of the counter-signature would be wholly defeat ed.