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IN THE HIGH COURT AT CALCUTTA
Debasish Kar Gupta, J.
Manik Lal Maji
Versus
Union of India & Ors.
W. P. No.16863 (W) of 2009
Decided on : 20-09-2011
MOTOR VEHICLES ACT - RESTRICTION ON STAGE CARRIAGE PERMITS - VALIDITY - Clause(a) of sub-section(3) of Section 71 and Clause(a) of Sub-section(3) of Section 74 of the Motor Vehicles Act, 1988 - Interpretation - State Government's power to limit the number of stage carriages or contract carriages operating on city routes in towns with a population not less than five lakhs - Subject to the direction of Central Government.
Fact of the Case:
Petitioner, a stage carriage permit holder, challenged the notice inviting applications to ply 100 high-take luxury semi low floor buses in and around Asansol and Durgapur cities of Burdwan district as franchisee of the respondent under JNNURM scheme, an order allowing the respondent to operate JNNURM buses owned by them, and a notification relaxing restrictions on issuing stage carriage permits. The petitioner contended that these actions violated the provisions of the Motor Vehicles Act, 1988.
Finding of the Court:
1. The State Government's power to limit the number of stage carriages or contract carriages operating on city routes in towns with a population not less than five lakhs is subject to the direction of the Central Government. 2. The Central Government, having regard to the number of vehicles, road conditions, and other relevant matters, may direct the State Government to limit the number of stage carriages or contract carriages. 3. The State Government cannot exercise the function of limiting the operation of the aforesaid vehicles unless the Central Government has formed an opinion having regard to the number of such vehicles, road conditions, and other relevant factors. 4. The impugned notification relaxing the restrictions imposed on issuing stage carriage permits was issued without obtaining the Central Government's direction and was, therefore, unsustainable.
Issues: 1. Whether the State Government can limit the number of stage carriages or contract carriages operating on city routes in towns with a population not less than five lakhs without the direction of the Central Government? 2. Whether the State Government can issue a notification relaxing the restrictions imposed on issuing stage carriage permits without obtaining the Central Government's direction?
Ratio Decidendi: 1. The State Government's power to limit the number of stage carriages or contract carriages operating on city routes in towns with a population not less than five lakhs is subject to the direction of the Central Government. 2. The Central Government, having regard to the number of vehicles, road conditions, and other relevant matters, may direct the State Government to limit the number of stage carriages or contract carriages. 3. The State Government cannot exercise the function of limiting the operation of the aforesaid vehicles unless the Central Government has formed an opinion having regard to the number of such vehicles, road conditions, and other relevant factors.
Final Decision: The notice inviting applications to ply 100 high-take luxury semi low floor buses, the order allowing the respondent to operate JNNURM buses owned by them, and the notification relaxing restrictions on issuing stage carriage permits were quashed and set aside as they were issued in violation of the provisions of the Motor Vehicles Act, 1988.
1. This writ application is filed by the petitioner challenging the propriety of the notice dated July 9, 2009 published in “Ananda Bazar Patrika” by the respondent no.3, an order dated December 30, 2009 passed by the Joint Secretary to the Government of West Bengal, Transport Department, and notification no.180-WT/8S-16/2005 dated January 1, 2010 issued by the Government of West Bengal, Transport Department.
2. The back drop of the case in a nutshell is as follows:
3. The petitioner was plying his vehicle under Stage Carriage Permit in an around Asansol Sub-division in the district of Burdwan. Asansol had a population over ten lakhs. There had been significant raise in road accident consequent upon granting of a large number of permits for plying vehicles.
4. An application under article 226 of the constitution of India bearing W.P. No.11631(w) 2004 was filed by some of the operators and an association of operators who had been plying their vehicles under Stage Carriage Permits in the district of Burdwan in an around the town of Asalsol. The above writ application was disposed of, on July 13, 2005 with the following order:-
“Accordingly, I dispose of the writ petition giving liberty to the petitioner to bring to the notice of the Transport Authority and the Central Government the conditions of the town of Assansol, including number of the vehicles operating there, road conditions and other relevant matters by way of representation and if such representation is made the concerned authorities shall consider the same and upon giving the petitioners and other concerned parties opportunity of being heard, and take a decision in this regard as expeditiously as possible.
It has been submitted on behalf of the petitioners that they would make a representation to the authorities including the Transport Authority and Union of India within a period of fortnight. If such representation is made, the concerned authorities shall take a decision upon given a concerned parties including the petitioners an opportunity of being heard within a period of not more than four months from the date of receipt of such representation.
The writ petition is accordingly, disposed of.
There will be no order as to costs.
Urgent xerox certified copy of this order, if applied for, be supplied on priority basis.”
5. On July 26, 2005 a representation was submitted to the State Government in the above matter. After giving an opportunity of hearing to the persons concerned, the Principal Secretary to the Government of West Bengal, Transport Department prepared a report dated February 21, 2006 in the matter of imposing restriction on issuing Stage Carriage Permits and Contract Carriage Permits relating to the routs originating or terminating within the city of Asansol in Burdwan district and forwarded the same to the Central Government by a communication dated February 22, 2006.
6. The Central Government, Ministry of Shipping, Road Transport and Highways (Department of Road Transport and Highways) issued notification no.S.O.846(E) dated June 1, 2006 in exercise of Clause(a) sub-section(3) of Section 71 and Clause(a) of Sub-section(3) of Section 74 of the Motor Vehicles Act, 1988 directing the Government of West Bengal to direct concerned State Transport Authority and the Regional Transport Authority to limit, by a notification in the official gazettee, the number of Stage Carriages as well as Contract carriages, generally or of any specified type as may be fixed and specified in the notification, operating in the municipal limits of Asansol city in Burdwan district.
7. Thereafter, the government of West Bengal, Transport Department issued notification no.4596-WT/8S-16/65 dated October 20, 2006 in exercise of powers conferred under sections 71(3)(a) of Motor Vehicles Act, 1988 and 74(3)(a) of Motor Vehicles Act, 1988 restraining Regional Transport Authority, Burdwan and other Regional Transport Authorities as well as the State Transport Authority, Government of W
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