2015 Supreme(Cal) 336

IN THE HIGH COURT OF CALCUTTA
TAPEN SEN & TAPASH MOOKHERJEE, JJ.
South Bengal State Transport Corporation –Appellant
Vs.
Manik Lal Manjhi & Ors. – Respondents
FMA 195 of 2012
Decided On : 31.07.2015

The State Government has the power to issue further permits in the interest of the public, even if there is a Notification issued by the Central Government limiting the number of Stage Carriages and Contract Carriages.

Headnote:

MOTOR VEHICLES ACT - PERMITS - SECTION 80 - Notification limiting the number of Stage Carriages and Contract Carriages - Interpretation - Subsequent Notification allowing the State Transport Authorities to issue new Stage Carriage Permits in favor of the South Bengal Transport Corporation for plying a maximum number of hundred such buses procured under the JNNURM Scheme - Validity.

Fact of the Case:

The Petitioner, Manik Lal Manjhi, filed a Writ Petition challenging a notice dated 09.07.2009 published in the “Ananda Bazar Patrika” issued by the South Bengal State Transport Corporation whereby and whereunder applications were called for from interested operators to ply vehicles under the JNNURM Scheme. The Petitioner also prayed for an explanation upon the Respondent Authorities as to why they had not taken steps in accordance with the Notifications issued by the Central Government and the Government of West Bengal on 01.06.2006 and 20.10.2006. The Government of West Bengal, in exercise of powers conferred under Section 71(3)(a) of the Motor Vehicles Act, 1988 and 74(3)(a) of the said Act, directed the Regional Transport Authority, Burdwan as well as other Regional Transport Authorities including the State Transport Authority, West Bengal that new Stage Carriage Permits as well as Contract Carriage Permits for all category of passenger transport vehicles on any route / area within the Municipal limits of Asansol city of Burdwan shall not be issued in respect of any route touching / terminating / originating in the areas within the Municipal limits of Asansol excluding Inter-State Stage Carriage / Inter-State Contract Carriage until further orders.

Finding of the Court:

The Court held that the Notification dated 01.06.2006 issued by the Government of India was, firstly, issued way back in the year 2006 directing the Government to limit the number of Stage Carriage Permits. That notification, in the background of public convenience at large cannot be interpreted to mean that if at any future point of time the State Government felt that there was a need for further permits in the interest of the public, the mandate of the Central Government must be taken each time. The Court further held that the Notification dated 20.10.2006 was only a preliminary Notification because it clearly laid down that the ban would be until further orders and that the Government in the Transport Department shall have liberty to notify such routes as deemed fit in public interest. The Court also took judicial notice of the fact that Asansol city itself is a very crowded city and the Authorities cannot therefore be allowed to flood the city with hundred vehicles.

Issues: Whether the Notification dated 01.06.2006 issued by the Government of India limiting the number of Stage Carriages and Contract Carriages can be interpreted to mean that the State Government cannot issue further permits in the interest of the public. Whether the Notification dated 20.10.2006 issued by the Government of West Bengal banning the grant of any permit on the routes / areas within the Municipal limits of Asansol city is valid.

Ratio Decidendi: The Court held that the Notification dated 01.06.2006 issued by the Government of India cannot be interpreted to mean that the State Government cannot issue further permits in the interest of the public. The Court further held that the Notification dated 20.10.2006 issued by the Government of West Bengal banning the grant of any permit on the routes / areas within the Municipal limits of Asansol city is valid only till further orders and that the Government in the Transport Department shall have liberty to notify such routes as deemed fit in public interest.

Final Decision: The Court set aside the Order of the learned Trial Judge and disposed of the Appeal. The Court also directed that the South Bengal State Transport Corporation can ply their vehicles under the JNNURM Scheme in such a manner that they are not allowed entry within the city limits of Asansol. They can, at best, park their vehicles outside the city limits and for which, the Government shall take all steps to create a new, ultra modern bus stand.