ILC-2010-SC-MAC-Apr-1
Punjab Roadways Moga Vs.Punjab Sahib Bus and Transport Co. and others
Motor Vehicles Act,1988 - Section 2 (38) , Section 99 , Section 100 , Section 104
Stage carriage permits - Private applicants challenged - Grant of permits - High Court noticed - Permit granted to STUs - Neither utilized nor operated - Hence - Not open to STUs to raise any objection regarding - Grant of permit - Division Bench ordered - One stage carriage permit be granted - Also with half return trip daily - Appeals - Whether Tribunal and the High Court are justified exercising the powers of RTAs - No - Court observed - Once a scheme is published under Section 100 - Whether in complete or partial - No persons other than STUs - Operate on the notified area or route - Held - Tribunal have committed a grave error in tampering with the Scheme - Disturbing the ratio fixed by the Scheme - Granting regular permits - Private sector from the quota earmarked for STUs - Impugned orders of the High Court - Directing RTA to grant regular permits to the private operators set aside - Appeals allowed.
Jawahar Lal Gupta, Sr. Advocate, Mrs. Rani Chhabra, Mohan Pandey, Rajesh Sharma, Yogesh Dahiya and Ms. Shalu Sharma, Advocate, with him
Topic(s)-Stage carriage permits
Important Decision(s)- Tribunal have committed a grave error in tampering with the Scheme