Commissioner Of Motor Transport V. Lanka Matha Motor Transit Co., Ltd.

1948     Present : Nagalingam J.

COMMISSIONER OF MOTOR TRANSPORT, Appellant, and
LANKA MATHA MOTOR TRANSIT CO., LTD., Respondent

CASE STATED FOE THE OPINION OF THE SUPREME COURT

Application No. 12, Appeal No. 3,849

Omnibus Licensing Ordinance-Providing services on same section of highway- Express service between two towns-Physical use of track-Not service- Ordinance No. 47 of 1942-Section 7.

Providing an omnibus service on a highway within the meaning of Section 7 of Ordinance No. 47 of 1942 connotes the picking up and setting; down of passengers from and on it and is something apart from the physical use of the track constituting the highway. A Bus Company, therefore, that runs its buses express from one town to another does not provide a service on the section of the highway between those two towns.

CASE stated for the opinion of the Supreme Court.

H. W. R. Weerasooriya, Grown Counsel, with V. Tennekoon, Grown Counsel, for Commissioner of Motor Transport, appellant.

H. V. Per era, K.C., with D. W. Fernando, for Lanka Matha Motor Transit Company, respondent.

F. A. Hayley, K.C., with H. W. Jayewardene, for Kelani Valley Motor Transit Company, Ltd.

Stanley de Zoysa, with E. A. G. de Silva, for Panadure Motor Transit Company, Ltd., amid curiae.

Cur. adv. vult.

November 19, 1948. NAGALINGAM J.-

The applicant, the Lanka Matha Motor Transit Company, Limited, holds a licence to operate an omnibus service from Hetttipola to Negombo via Dandegamuwa, Udubaddawa and Dankotuwa while the North Western Blue Line Bus Company, Limited, is authorised to operate a service from Negombo to Colombo apart from certain other services overlapping the route from Colombo to Negombo, namely, those from

Colombo to Pannala and Colombo to Kurunegala. As a result of the applicant's service terminating at Negombo passengers from Hettipola, -Dandegamuwa, Udubaddawa and other places north of Dankotuwa have perforce to change buses at Negombo to get to Colombo. It is said and it has not been contraverted that passengers who travel on the applicant's line and who wish to get to Colombo are greatly inconvenienced not only in having to change buses, but in having to wait long hours to board buses at Negombo, which is said to be a heavy station in regard to traffic between Negombo and Colombo.

With a view, therefore, to provide a through service from Hettipola to Colombo the applicant made an application to the Commissioner of Motor Transport for a road service licence from Hettipola to Colombo. At the inquiry before the Commissioner the applicant modified his applica­tion to the extent that the licence was to be for a stage service from Hettipola to Dankotuwa and an express service thence to Colombo. The Commissioner did not see his way to allow the application, but the Tribunal of Appeal by a majority view directed the issue of a road service licence winch was to be a stage service from Hettipola not to Dankotuwa but to Mawatagama and an express service from Mawatagama to Colombo.

The point for determination on this reference is whether th

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