Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2003 Supreme(Mad) 2099

High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR.B.SUBHASHAN REDDY & THE HONOURABLE MR.JUSTICE D.MURUGESAN
Tamil Nadu Omni Bus Owners Association - Appellant
Versus
State of Tamil Nadu & Others - Respondents
W.P.Nos.41607, 41608, 41614 to 41619, 41626 to 41629, 41672, 41202 to 41207, 41261 to 41266, 41285 to 41290, 41405 to 41410, 41411 to 41416, 41540, 41541, 41842, 41843, 41858, 42045 to 42048, 42065
Decided On : 30 December 2003

Advocates Appeared:For The Petitioner:V.T.Gopalan, Additional Solicitor General. For The Respondents:R 1,2,4, to 6 N.R.Chandran, Advocate General assisted by Sanjay Ramaswamy Government Advocate. R3 V.Perumal, Advocate.

The central legal point established in the judgment is the need for compliance with the Tamil Nadu Motor Vehicles Rules, 1989, particularly Rule 245, and the reasonableness of traffic restrictions under Section 115 and Rule 370.

Headnote:
Omni Buses - Traffic Restrictions - Tamil Nadu Motor Vehicles Rules, 1989 Rule 245, Section 115, Rule 370 - The court discussed the establishment of the Chennai Mofussil Bus Terminus (CMBT) and the restrictions imposed on Omni buses, highlighting the legal provisions under the Tamil Nadu Motor Vehicles Rules, 1989. The court emphasized the need for compliance with Rule 245 for the establishment of a bus stand for Omni buses and the reasonableness of traffic restrictions under Section 115 and Rule 370.
Fact of the Case:

The Chennai Metropolitan Development Authority (CMDA) was permitted to construct the Chennai Mofussil Bus Terminus (CMBT) to alleviate traffic problems. The petitioners, operators of Omni buses, challenged the restrictions imposed on their entry into Chennai city, citing violations of the Tamil Nadu Motor Vehicles Rules, 1989.
Finding of the Court:

The court found that the establishment of the bus stand for Omni buses did not comply with Rule 245 of the Rules, rendering the restrictions illegal. While acknowledging the need for traffic regulations, the court held that the total restriction on Omni buses entering the city was unreasonable and violative of Article 19(1)(g) of the Constitution of India.
Issues: The issues revolved around the legality of the restrictions imposed on Omni buses, compliance with the Tamil Nadu Motor Vehicles Rules, 1989, and the reasonableness of the traffic regulations.
Ratio Decidendi: The court emphasized the need for compliance with Rule 245 for the establishment of a bus stand for Omni buses and the reasonableness of traffic restrictions under Section 115 and Rule 370. It also highlighted the fundamental right of citizens to carry on the business of transporting passengers, subject to reasonable restrictions.
Final Decision: The impugned Government Order was quashed to the extent indicated, and the writ petitions were allowed. The court ruled that no Omni buses of the petitioners shall be permanently parked on the road sides of the Chennai city except for stoppage of the buses for pick up and drop out of passengers.

Judgment :-

D.Murugesan, J.

Since the issues raised in all these writ petitions are one and the same, they are taken up together for hearing and disposal by this common order.

2. In order to alleviate the traffic problems as well as the unmanageable situation prevailed in the then existing bus terminals in Esplanade, Basin Bridge, Broadway and MUC grounds, the Chennai Metropolitan Development Authority (hereinafter referred to as the "CMDA"), was permitted to construct the Chennai Mofussil Bus Terminus (hereinafter referred to as the "CMBT") at the periphery of the city along Jawaharlal Nehru Salai (Inner Ring Road) at Koyambedu. The funds for construction were raised by CMDA from HUDCO and TUFIDCO. The Member-Secretary, CMDA, applied to the Government on 13.4.2002 for approval of a scheme for construction of a bus stand at Koyambedu under Rule 245 of the Tamil Nadu Motor Vehicles Rules, 1989 (hereinafter referred to as the "Rules"). The scheme for construction of the public stand at T.S.No.1/1, Block No.64 at Koyambedu, was approved by the Government. This bus stand was also notified in proceedings dated 15.11.2002 as "Special Class Bus Stand" for a period of three years from 15.11.2002 to 14.11.2005 by the Regional Transport Authority in exercise of powers conferred under the above Rule. The Government Order and the subsequent proceedings of the Regional Transport Authority in establishing the CMBT for buses plied on the strength of stage carriage permits are not questioned in these writ petitions, as the petitioners are the operators of Omni buses operating the vehicles on the strength of contract carriage permits.

3. After the scheme for construction of CMBT was approved and the constructions were completed, the Member-Secretary, CMDA in his letter dated 7.1.2002 requested the Government for orders on the maintenance of CMBT and the related issues. While the Government issued orders in G.O.Ms.No.208 Housing and Urban Development (U.D.3-1) Department dated 20.8.2002 as to the maintenance of the CMBT, in paragraph 3(d) and (e) had also directed as follows:-

"(d) Three (3) acres of land near Koyambedu Wholesale market complex shall be allotted by Chennai Metropolitan Development Authority to operate Omni buses, and Chennai Metropolitan Development Authority should provide water, electricity, toilets, etc. and to collect Rs.50/- per bus per day as entry fee.

The Omni Buses should not be parked or operated in Chennai City other than Koyambedu Market complex. Necessary instructions will be issued by Home and Transport Department separately.

(e) Buses from Southern Districts shall enter Chennai Mofussil Bus Terminus through Tambaram and Kathipara Junction. Buses from Western Districts may enter Chennai Mofussil Bus Terminus through EVR Salai and Koyambedu Commercial Complex Road so as to avoid congestion at the junction of EVR salai and Jawaharlal Nehru Road, the traffic should be diverted through K.K.Nagar, Kaliamman Koil Road (Nesapakkam Road) by expanding the existing Kaliamman Koil Road after acquiring necessary land by Chennai Metropolitan Development Authority. All State Express Buses, Point to Point Buses and Omni Buses should use only Tambaram NH By-pass Road. The State Government will address the Central Government to exempt State Buses from payment of Toll by State Buses by using Tambaram NH By-pass. Necessary instruction will be issued separately by the Transport and the Home Departments."

The Commissioner of Police, Greater Chennai in his proceedings dated 16.11.2002 and the State Transport Authority, Chennai in his proceedings dated 25.11.2002, directed the operation of the South Bound Stage Carriage buses operated by private persons and Omni buses or other Contract Carriage buses to take the route via NH-45 Tambaram Erumbuliyur new bridge, NH By-pass road (200 feet road), NH-4 Maduravoyal Koyambedu market Road and Nesapakkam road both for the onward and downward journey to CMBT, the West Bound Stage Carriage buses operate

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