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2014 Supreme(Gau) 900
GAUHATI HIGH COURT
Hrishikesh Roy, J.
Md. Haren Ahmed and others - Appellant
Versus
State of Assam and others - Respondent
WP (C) No. 1023 of 2009
Decided On : 06-05-2014
For the Respondent:U.R. Saikia, J. Handique, G.A., B. Talukdar, Advocates.
Headnote:
Motor Vehicles Act – Sections 93, 117 – Assam Motor Vehicles Rules 2003 – Rule 93 – Trade Licence – Absence of – Matter pertains to the traffic congestion and inconvenience caused by parking of buses by the respondent M/s. Priya Travels and the petitioners contend that the private respondent is illegally operating their bus stand in the heart of the Daboka town without any trade licence or legal authority – Held, It is clarified that the respondent No. 8 can only operate a ticket counter as the concerned Trade Licence doesn’t authorize them to operate bus services from the town area of the Daboka township – State authorities as well as the Daboka Town Committee are directed to ensure that the prohibitory orders issued by the SDM is uniformly applied to all bus operators without any discrimination – It was clearly specified in the order itself that the respondent No. 8 can’t park beyond the specified area nor they were authorized to encroach the roadside and create obstruction to traffic flow – But the available documents clearly show that the respondent No. 8 is not only parking their buses beyond the specified area but is also encroaching roadside and Government land – This certainly was not authorized by the permission issued to them – That apart, the traffic scenario has magnified manifold since last 24 years and therefore the old permission of the SDO can’t have any relevance to the traffic realities of today. – Petitions Allowed
2. The matter pertains to the traffic congestion and inconvenience caused by parking of buses by the respondent M/s. Priya Travels and the petitioners contend that the private respondent is illegally operating their bus stand in the heart of the Daboka town without any trade licence or legal authority.
3. On 30.9.1991, the SDO, Hojai with the consent of the land owners allowed M/s. Priya Travels to utilise 2 Katha 10 Lechas of land on the Daboka-Diphu Road. But it was specified that the buses should not be parked outside of the specified land and the vehicle should not be parked on the Government land and cause obstruction. But violating the conditional permission, the respondent No. 8 developed the land as a commercial area and started to park 20/30 buses on the roadside and on nearby vacant Government land. Consequently the aggrieved people of Daboka town complained to the SDO(Civil), Hojai and also to the Daboka Town Committee on the nuisance caused by operation of the bus stand by the bus operator in the congested roadside of the Daboka township.
4. Acting on the public complaint, the Daboka Town Committee resolved on 9.3.2007 to confine bus parking by respondent No. 8 within the specified private land and prohibited utilization of roadside land for parking buses by M/s. Priya Travels. The Town Committee also resolved to enforce No Parking Zone in the concerned area and it was further resolved that no bus stand will be allowed to be operated in the town without permission of the Daboka Town Committee.
5. The Circle Officer, Daboka in his report dated 26.2.2007 compared the present town scenario with the earlier times of 1991-1992 when permission was granted to the respondent No. 8 and considering the increasing flow of vehicular traffic through the township, recommended the transport operators to shift the bus stand away from the town.
6. Acting on the recommendation of the Circle Officer, the SDM, Hojai in public interest through his order dated 28.3.2007 specified a No Parking Zone along the National Highway (NH) 36 and NH 54 and ordered M/s. Priya Travels to relocate their bus stand. But since written assurance was then given by M/s. Priya Travels to shift their operation to outside the township, the SDM, Hojai through his order dated 11.4.2007 temporarily permitted the respondent to operate from their private land measuring 2 Katha 10 Lechas until 15.4.2007. But it was specified that after the specified date, the respondent No. 8 will not operate their bus stand in Daboka town.
7. But the aggrieved respondent No. 8 challenged the order of the SDM, Hojai before the Sessions Judge, Nagaon and the learned Court through the judgment dated 23.5.2007 quashed the SDM’s order on the ground that the affected party was denied the opportunity of hearing. Thereafter show-cause-notice was issued on 14.6.2007 to the respondent No. 8 and after considering the reply of the noticee, the SDM, Hojai passed the prohibitory order on 15.3.2008 specifying a No Parking Zone in the encroached roadside areas. It was also specified that no bus stand shall be allowed to operate within the Daboka town area without Trade Licence and due permission from the police authorities.
8. Mr. B. D. Konwar, the learned Counsel submits that the operation of a bus stand in the heart of the congested town is causing huge inconvenience to the town residents. Moreover, since only limited area is available with the respondent No. 8, they are unable to provide any amenity to the transiting passengers trave
