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2002 Supreme(P&H) 676

G.S.SINGHVI, KIRAN ANAND LALL
Sirhind Bus Service Registered, Sirhind – Appellant
Versus
State Transport Commissioner, Punjab – Respondent


Advocates Appeared:
For the Petitioner:Shri B.S. Giri, Advocate.
For the Respondent No. 1:Mrs. Charu Tuli, Senior Deputy Advocate General, Punjab.

JUDGMENT

G.S. Singhvi, J. - Whether the scheme framed by the Government of Punjab under section 99 read with Section 100 of the Motor Vehicles Act, 1988 (for short, the Act) can be made basis for grant of permit on inter-State routes even though the same has not been approved by the Central Government is the question which arises for determination in this petition filed by Sirhind Bus Service for quashing orders Annexures P.3 and P.4 passed by State Transport Commissioner, Punjab, exercising the powers of Regional Transport Authorities, Patiala, Jalandhar and Ferozepur (respondent No. 1) for grant of permits to Punjab Roadways (respondent No. 2) for operating buses on Chandigarh-Khanna via Mohali, Chuni, Landran and Sirhind and Chandigarh-Sirhind via Mohali, Chuni and Landran routes.

2. The petitioner is operating buses on Doraha-Kharar via Sirhind, Chuni, Landran, Mohali and Sirhind-Ropar via Chuni, Landran, Mohali, Kurali routes. It has challenged the orders passed by respondent No. 1 on various grounds including the one that the scheme framed by the State Government under Sections 99 and 100 of the Act, which was published in notification dated 9.8.1990 cannot be used for grant o







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