Punjab Roadways Moga Tr.Gen.Manager vs Punjab Sahib Bus & Transport Co.& Ors

2. We will first deal with the first two appeals which arise out of a common order dated 21.8.2000 passed by the State Transport Commissioner (in short "the Commissioner") exercising the powers conferred on the Regional Transport Authorities of Jalandhar, Patiala and Ferozpur. The order of the Commissioner was confirmed by the State Transport Appellate Tribunal (in short "the Tribunal") vide its order dated 27.4.2005, but interfered with by the High Court in C.W.P No.8483/2005 and C.W.P. No.11768 of 2005 respectively with a positive direction to the Commissioner to grant Stage Carriage Permits to the private operators rejecting the claims of the State Transport Undertakings (STUs). The legality of the order of the High Court is under challenge in these two cases filed by the State of Punjab through the Commissioner and the Punjab Roadways, Moga, represented by its General Manager.

plying two return trips daily in the Pathankot - Faridkot via Mukkerian, Dasuya, Jalandhar Nakodar, Moga, Talwandi Bhai, Mudki route a substantial portion of which falls within the National and State Highways. As per the scheme published on 9th August, 1990 (in short the `1990 Scheme') modified by the Punjab Government on 21.10.1997 (in short the `1997 modified scheme'), the routes on the National as well as State Highways have to be shared by the STUs and private operators in a specified ratio.

4. In response to the notice, 112 applications were received which included the applications from the General Manager, Punjab Roadways, Moga as well as from the Pepsu Road Transport Corporation, Faridkot, (STUs).

5. The contents of the applications were published in the Motor Transport Gazette Weekly, Chandigarh in its issue dated 22.4.1999 inviting representations/suggestions from the general public, but there was no response.

8. Applications from the new entrants were considered by the Commissioner and it was resolved vide order dated 21.8.2000 to grant one stage carriage permit for plying one return daily trip each on the notified route to the Punjab Roadways, Moga and to Pepsu Road Transport Corporation, and one permit to Gurbhajan Singh and Jagdev Singh jointly and the other to Metro Transport Registered Sangrur for a period of five years. The grantees were allowed three months' time to obtain the permits.

9. Aggrieved by the order of the Commissioner, three appeals -- Appeal Nos.391/2000, 233/2001 and 147/2004 were preferred by the private applicants before the Tribunal under Section 89 of the Motor Vehicles Act, 1988 (in short the `Act') challenging the grant of permits to the private operators and the STUs. Before the Tribunal, it was represented that STUs though granted the permits, were not operating the services and, therefore, those permits be granted to the appellants so that public would not be put to inconvenience. On their request, reports were called for from the Regional Transport Authority (in short the `RTA') to ascertain as to whether the STUs were in fact operating services. The Secretary, RTA, Jalandhar vide his reports dated 5.4.2005 and 20.4.2005 reported that the permit granted to Pepsu Transport Corporation was surrendered by it on 1.6.2002 and that the Punjab Roadways had so far not utilized the permit. The Tribunal considered the comparative merits of the applicants and found no illegality in the order granting the permits to the private operators and found no reason to disturb the grant of permits to STUs. Appeal No.223/2007 was also rejected on the ground of delay so also on the ground that applicant cannot be treated as a new entrant since its sister concern was already granted permit. All the three appeals were therefore rejected by the Tribunal vide its order dated 27.4.2005.

10. Aggrieved by the said order, Majhi Express Transport Service Corporation, preferred Writ Petition C.W.P. No.8483/2005 and Punja Sahib Bus Transport Corporation preferred Writ Petition C.W.P. No.11768 of 2005 before the Punjab and Haryana High Court. The Writ Petition C.W.P. No.8483/2005 came up before a Division Bench of the Punjab and Haryana High Court on 24.10.2005. It was represented before the Court that since STUs had failed to operate the two permits granted to them, those permits be granted to the Writ Petitioner. The High Court took the view that the Tribunal was not justified in declining grant of permit to the Writ Petitioner on the ground of delay and on the ground that its sister concern had already been granted a permit on 9.11.2004.

Further, the High Court also took the view that due to non user of the permit by the STUs, public will be the sufferer. The Court noticed that the permit granted to STUs was neither utilized nor operated and, hence, it was not open to the STUs to raise any objection regarding the grant of permit to the writ petitioner. The High Court, therefore, gave a positive direction to the Commissioner to grant one stage carriage permit with half return trip daily to the said writ petitioner. The permits granted to the other private operators were not interfered with.

11. C.W.P. No.11768/2005 later came up for hearing before the Division Bench on 1.12.2006 and following the judgment in Writ Petition no. 8483/2005, the Court ordered that one stage carriage permit be granted to the writ petitioner therein also with half return trip daily in the notified route since the STUs were not operating the permits granted. Permits granted to the private operators were not interfered with.

12. Aggrieved by the judgments in C.W.P. No.8483/2005 and 11768/2005, the State of Punjab and the Punjab Roadways Moga respectively have filed the first two appeals. Facts in the other appeals.

28. We therefore, allow all these Civil Appeals as follows:-

April 27, 2010.