Judgment

VENKATARAMIAH J. :- The question involved in this case relates to the right of a person to obtain a special permit under sub-sec. (6) of S. 63 of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) to ply a public service vehicle on routes or portions thereof in respect of which a scheme approved under S. 68-D of the Act providing for exclusive operation of contract carriages on the said routes by a State transport undertaking to the complete exclusion of all other persons has been brought into force.

2. By a notification dated 29th Nov. 1973 published under S. 68-D(3) of the Act by the Government of Maharashtra, the Maharashtra State Road Transport Corporation (hereinafter referred to as the Corporation) was authorised to operate contract carriage services in the entire area of the State of Maharashtra and on all routes and portions thereof failing within the said area to the complete exclusion of all other persons except those falling under the seven categories of persons mentioned therein, namely, (1) a State Transport Undertaking, as defined under S. 68-A(b) of the Act, (2) holders of duly countersigned permits on inter-State routes save those falling under the second proviso to S. 63(1) of the Act, (3) holders of contract carriage permits for operation of motor cars; (4) holders of contract carriage permits granted for operation of air-conditioned vehicles only; (5) holders of contract carriage permits for operation of vehicles owned by them exclusively for transportation of persons, employed by them or students or members of their institutions from and to their residences and respective places of work or study and for occasional tours and excursions; (6) holders of contract carriage permits for operation wholly within the municipal limits of Greater Bombay, and cities of Poona, Sholapur and Kolhapur where the municipal authorities are operating road transport service; and (7) holders of contract carriage permits granted to them exclusively for the daily transportation at appointed hours and between specified terminals and pickup points of only the persons employed by or studying in establishments and institutions with which the said permit holders have specific contract for the purpose. The said scheme came into force on January, 1974. The appellant, who did not belong to any one of the above seven categories applied to the Regional Transport Authority, Bombay (C) for a special permit under sub-sec. (6) of S. 63 of the Act in relation to the motor vehicle bearing No. MRL-8088 for plying it on the route Bombay to Ashta Vinayak via Panvel, Mahad, Poona, Shirdi etc. for a period of five days, namely from 18-9-1985 to 22-9-1985 in Form P. Co. Sp. A in accordance with R. 80 of the Bombay Motor Vehicles Rules, 1959. The application made by the appellant for the special permit was rejected by the Secretary, Regional Transport Authority on the ground that the appellant had not produced a No Objection Certificate issued by the Corporation for the grant of a special permit by his Order dated 17-9-1985. It was also stated that the Corporation being the operator having the exclusive privilege in the entires area of Maharashtra State to operate contract carriages under the scheme it was the primary duty of the Corporation to provide transport facilities to the intending passengers and if it failed to do so, the Corporation could issue a No Objection Certificate to enable other intending operators to enter into contract. Hence it was held that in the absence of the No Objection Certificate issued by the Corporation no special permit could be issued under S. 63(6) of the Act. Aggrieved by the order passed by the Regional Transport Authority, the appellant filed an appeal under S. 64 of the Act before the Maharashtra State Transport Appellate Tribunal, Bombay. The Tribunal allowed the appeal holding that a special permit issued under S. 63(6) of the Act was not a contract carriage permit issued under the Act and tha