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2018 Supreme(SC) 1033

KURIAN JOSEPH, SANJAY KISHAN KAUL
AMBALA BUS SYNDICATE PVT. LTD. – Appellant
Versus
CHANDIGARH ADMINISTRATION – Respondent


JUDGMENT

KURIAN, J.

Heard learned counsel for the parties.

2. Leave granted.

3. The appellant is aggrieved by the judgment dated 21.04.2011 passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh in Letters Patent Appeal No.1098 of 2010, whereby the Division Bench overturned the view taken by the learned Single Judge of the High Court and held that the appellant cannot operate its stage carriages beyond the territory of Punjab in view of the 1998 Scheme, as amended in 2001. The relevant consideration in the impugned order reads:-

“The 1998 Scheme and the modified Scheme of 2001 does not permit non-air conditioned buses of the private operators (persons/agencies) to operate in the U.T., Chandigarh. Section 66 of the 1988 Act prohibits an owner of the motor vehicle to permit use of his vehicle as a transport vehicle in any public place whether or not carrying any passengers or goods without permit granted or counter -signed by the competent authority. This Section necessitates a permit for a vehicle to be used as a transport vehicle. Section 88 of the 1988 Act provides counter-signatures of a permit granted in any one State to be valid in any other State. Since














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