1999 Supreme(AP) 850
Andhra Pradesh High Court
Judges : GODA RAGHURAM
A.P.State Road Trans.Corpn. - Appellant
Versus
SECRETARY TO GOVT., TRANSPORT, DEPT. - Respondent
Decided On : 09-27-99
Headnote:MOTOR VEHICLES ACT, 1988 - Secs. 80,87 & 104 - Granting of permit on a route covered by approved scheme - Granting permit without an oppor-tunity to APSRTC to submit its views and objections with reference to approved schemes is a nullity - State Road Transport Corporation has to be heard by RTC and STAT before considering grant of such permits - Notice and opportunity to APSRTC must be held to be a condition precedent - Directions issued to RTA & STAT to give prior notice and opportunity to APSRTC in every lis involving application of private operator for grant of regular or temporary permit u/S.80 & 87 of the Act.
( 1 ) A declaration, that the action of the respondents viz. , Transport department, Government of A. P. , The Transport Commissioner, Andhra pradesh, The Secretary, Regional Transport Authority, East Godavari, West godavari and Cuddapah Districts, in indiscriminately granting temporary permits, contrary to the provisions of the Motor Vehicles Act, 1988 (tor short the Act ) and the conditions of various notified schemes of the State Transport undertaking in the Districts of East Godavari, West Godavari and Cuddapah, is arbitrary and illegal, is sought by the A. P. S. R. T. C. The facts and contentions urged are summarised as hereunder: (A) About 95% of the routes in the State have been nationalised. Consequently as many as 16,500 buses are plying as stage Carriages transporting more than 1. 11 crore of people each day. (b) The petitioner is plying its buses on the notified routes as also on the non-notified routes as per the schemes and on the basis of need; providing adequate transport facility to the public. Its buses cover about 50 lakh kilometers every day. Upwards of 15% of its gross - revenues go to the State Exchequer by way of motor vehicle taxation (c) The petitioner operates about 650,530 and 650 buses in East Godavan, west Godavari and Cuddapah Districts respectively. (d) According to the provisions of the Act and the decisions of the Courts interpreting the said provisions only routes and operators exempted under the conditions of the approved scheme and expressly authorised are entitled to operate. The grant of permits and the conditions subject to which such permits could be granted ought to be in accordance with the provisions of the Act, the A. P. Motor vehicles Rules, 1989 (for short the Rules ) and the conditions and restrictions contained in the relevant and applicable approved scheme. (e) Contrary to the above requirement and obligation, temporary permits are being granted indiscriminately to private operators consecutively for years together resulting in massive losses to the petitioner and this has the effect of an ultimate burden on the commuter with the costs of operations going up. (f) Among such illegal and unauthorised grant of permissions are (i) consecutive grant of temporary permits for years together; (ii) grant of stage carriage permits treated as town service routes on notified mofussil routes of the petitioner subverting the purposes of nationalisation and contrary to the conditions of the approved scheme; (iii) grant of temporary permits treating a route as a town service route even though it is more than 8 km. , beyond the municipal limits and without prior permission of the Transport Commissioner contrary to rule 258 (2) (ii) of the Rules; (iv) grant of permits without any regard to the conditions and restrictions contained in the approved scheme, (g) While considering the grant of temporary permit no notice is given by the authorities to A. F. S. R. T. C and consequently no opportunity is available to represent and object to the permit applied for by a private operator. Such absence of opportunity also deprives the authorities of knowledge in regard to various approved schemes of the petitioner and the conditions and restrictions contained therein, (h) Under the provisions of the Act (Sec. 87) a temporary permit issued would enure only for four months. Contrary to the above statutory provisions and even without any fresh application temporary permits are being renewed for years together without any provision enabling such renewal. (i) Hundreds of permits are granted contrary to the approved schemes, the provisions of the Act and the Rules in each District. It is well nigh impossible for the petitioner either to keep track of each and every such permit granted or to take remedial measures to have such permits invalidated, in the absence of the petitioner being heard before the consideration and grant of such permits. The private operators are also indiscriminately filing