IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK SIBAL, SUKHVINDER KAUR, JJ.
State of Haryana & Ors. – Appellants
Versus
Dabra Cooperative Transport Society Limited & Ors. – Respondents
LPA-475 of 2021 (O&M)
Decided On : 24-08-2023
| Table of Content |
|---|
| 1. state initiated transportation scheme legally challenged (Para 1 , 2 , 3 , 4 , 5) |
| 2. supreme court directs procedural compliance in permit issuance (Para 6 , 7 , 8) |
| 3. dispute over permit validity and government influence (Para 9 , 10 , 11 , 12) |
| 4. learned single judge's findings on permit grants (Para 13 , 14 , 15) |
| 5. arguments presented on behalf of state and private respondents (Para 16 , 17 , 18 , 19 , 20) |
| 6. interference by government in permit-granting highlighted (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 7. supreme court reiterates independence of transport authorities (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 8. legal invalidity of temporary permits granted (Para 35 , 36 , 37 , 38 , 39 , 40 , 41) |
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 challenged before this Court through CWP No.5867-2017 - Nayabash Cooperative Transport Society Limited and others v. State of Haryana and others. On being put to notice the State filed an affidavit as per which it had reconsidered the entire matter and decided to withdraw the 2016 scheme as also to publish a fresh draft scheme; till the fresh scheme was finalized all permit holders under the 2016 scheme would be allowed to ply their buses on the allotted routes; the applicants who had already got their vehicles registered under the 2016 scheme on the portal of the Transport Department, Haryana, namely, Vahan would also be considered for the grant of permits and that this would be in addition to any other interested applicant whose case would also be considered in accordance with Section 102 of the Act.
4. After considering the afore stand taken by the State, this Court disposed of the writ petition on 16.05.2017 after observing that till the fresh scheme was notified, the 2016 scheme would continue to operate and that the State would also be at liberty to grant permits to the applicants who had already got themselves registered under the 2016 scheme on the portal of the Transport Department, Haryana.
5. On 20.06.2017 the State of Haryana notified a draft scheme (for reference - the draft 2017 scheme). Objections/ suggestions were invited to the draft 2017 scheme but before the said scheme could be finalized some parties who felt aggrieved by the aforesaid order of this Court dated 16.05.2017 filed an application before this Court seeking their impleadment as also review of the said order. The application was disposed of through order dated 21.07.2017 the operative part of which reads as under:-
"The writ petition along with other connected cases was initially filed seeking to challenge the notification dated 17.2.2017 notifying the Stage Carriage Scheme, 2016 for issuance of Stage Carriage Permits under the Act. As during the pendency of the writ petitions, the State decided to cancel the 2016 Scheme and issue a fresh draft modified scheme, the
AI
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....
Suo motu applications for stage carriage route permits impermissible without prior route notification and publication; authorities must strictly adhere to procedural rules and binding precedents to p....
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....
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