The power to formulate a new route for plying stage carriages vested in the State Government under Section 68(3)(ca) of the Motor Vehicles Act, 1988.

JUDGMENT :

R.C. Khulbe, J.

The present special appeal is directed against the order dated 26.04.2018, passed by the learned Single Judge in Writ Petition (M/S) No. 1224 of 2015. The impugned order is short and is reproduced hereunder:-

“Mr. Jitendra Chaudhary, Advocate for the petitioner.

Mr. B.P.S. Mer, S.C. for the State.

Mr. B.S. Adhikari, Advocate, for the intervener.

Strictly in view of the provisions of the Motor Vehicles Act, the route Premnagar-Raipur in District Dehradun was notified on 13.1.2009. The bus operators are required to operate the buses as per notification dated 13.1.2009.

Learned counsel appearing on behalf of the private operator/intervener submits that by way of a local arrangement the notification was issued on 27.12.2008, regulating the local traffic.

However, the order dated 27.12.2008 has lost its efficacy in view of Notification dated 13.1.2009.

It is, accordingly, clarified that now, as per law, the Notification dated 13.1.2009 would be enforceable and not the order dated 27.12.2008. It is further clarified that by making the local arrangement, the length of route can neither be increased nor decreased.

Ordered accordingly.

The writ petition is allowed accordingly by quashing the order under challenge.

All pending applications stand disposed of accordingly.”

2. The respondent-writ petitioner had earlier preferred the Writ Petition (M/S) No. 2594 of 2011. That petition had been preferred to challenge the decision taken by the Regional Transport Authority, on an Agenda Item No. 14 (3) whereby he formulated a new transportation route i.e., Prem Nagar-Raipur, City Bus Road Route situated in Dehradun city. The said writ petition was dismissed as withdrawn on 19.01.2015 with liberty to file a fresh writ petition. In consequence of the said liberty the respondent-writ petitioner preferred Writ Petition (M/S) No. 1224 of 2015, which has been allowed by the learned Single Judge by the impugned order. The issue raised by the respondent-writ petitioner in the writ petition was with regard to the authority and competence of the Regional Transport Authority to formulate a new route. The case of the writ-petitioner was that the power to formulate a new route vests only in the State Government by virtue of Section 68 (3) (ca) of the Motor Vehicles Act, 1988 and by resort to Section 72 (2) (XXII), the Regional Transport Authority could not have formulated a new route as the said powers is only to vary the conditions of the permit or to attach to permit further conditions. The case of the writ-petitioner was that the question of variation of conditions of permit, or attachment of further conditions of a permit could arise only in respect of a permit validly issued in respect of a duly notified route by the State Government under Section 68 (3) (ca) of the Motor Vehicles Act, 1988. The learned Single Judge has found merit in the said submission of the writ-petitioner while allowing the writ petition. We may at the same time observe that the impugned judgment is not elaborate and does not clearly bring out the aforesaid submission of the writ-petitioner as well as the acceptance of the said submission by the learned Single Judge.

3. The appellants before us have preferred this special appeal after obtaining leave. The appellants, who are 25 in number are aggrieved by the impugned judgment on the ground that they are the existing permit holders in respect of the route formulated by the Regional Transport Authority, on 27.12.2008 vide Agenda Item No.14 (3).

4. Before we proceed further, we may set-out the decision taken by the Regional Transport Authority, on 27.12.2008 on Agenda Item No.14 (3), which reads as follows:-

^^¼3½ Áseuxj & jk;iqj ok;k cYywiqj pkSd&cYyhokyk pkSd&thŒ,eŒ,lŒ jksM&fViVkWi oSfMax IokbZV&f'keyk ckbZikl&vkbZŒ,lŒchŒVhŒ & fjLiuk iqy & tksxhokyk & usg:xzke&jkiqj ok;k cYywiqj pkSd&fd'kuuxj&?k.Vk?kj & DokfyVh pkSd & losZpkSd&jkiqj%&

;g ekxZ laHkkxh; ifjogu Ákf/kdj.k] nsgjknwu dh cSBd fnukad 05-05-2006 esa uxj cl lsok