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DEEPAK SIBAL, SUKHVINDER KAUR
State of Haryana – Appellant
Versus
Dabra Cooperative Transport Society Limited – Respondent
| 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(
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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