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DEEPAK SIBAL, SUKHVINDER KAUR
State of Haryana – Appellant
Versus
Dabra Cooperative Transport Society Limited – Respondent
JUDGMENT
Mr. Deepak Sibal, J.
These six intra court appeals have been taken up and are being decided together as they arise out of a common judgment dated 08.04.2021 passed by a learned Single Judge of this Court. For the sake of convenience, facts are being taken from LPA-475-2021 - State of Haryana v. The Dabra Coop. Transport Society Ltd. and others.
2. To provide for a coordinated road transport system, the State of Haryana, while exercising its powers under section 99(1) of the MOTOR VEHICLES ACT , 1988 (for short - the Act) published a proposed scheme to which objections/ suggestions were invited. After considering the received objections/ suggestions, the State, in terms of Section 100(2) of the Act, through a notification dated 17.02.2017, published the final scheme. The final scheme was notified on 17.02.2017 but since the proposed or the draft scheme had been notified in the year 2016, the final scheme was commonly referred to as the Stage Carriage Scheme of 2016 (hereinafter also referred to as the 2016 scheme). Respondent Nos.1 to 7 applied for and were granted Stage Carriage Permits under the 2016 scheme. These permits were valid for 5 years.
3. The 2016 scheme was ch
The provisions of Chapter VI of the Motor Vehicles Act, 1988 have an over-riding effect over the provisions of Chapter V and as such, under the provisions to Section 104, only STA or RTA are the comp....
The State Government does not have the authority to grant temporary permits after withdrawing the scheme under which the permits were granted and the transport authorities must follow the procedure l....
The grant of permits to private operators on nationalized routes is prohibited under the scheme framed under Chapter IVA of the Motor Vehicles Act, 1939.
Existing holders of saved permits are entitled to renew their permits without distance restrictions until a valid new scheme is enacted, reflecting principles of legal fairness and established judici....
Holders of saved permits under the Motor Vehicles Act are entitled to renewal without distance restrictions unless a new scheme is enacted, as affirmed by precedent, and authorities must consider app....
Permits cannot be granted to private operators on routes covered by a notified scheme according to Motor Vehicles Act, 1988, affirming the jurisdiction of the scheme over general powers.
The judgment clarifies that existing town service permits must be considered when evaluating overlaps in routes under the Motor Vehicles Act, reinforcing rights to temporary permits under certain con....
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