The application, along with objections, was required to be decided in a quasi judicial manner, Section 47 3 of the old Act further permitted the imposition of limit on the grant of permits in any region, area or on a particular route.
This Working Group took into account the suggestion and recommendations earlier made by various bodies and institutions like Central Institute of Road Transport Automotive Research Association of India, and other transport organisations including the manufacturers and the general public.
WITH WRIT PETITION Civil 1110/89, 869/90, 740/90, 1100/90, 194/91, 195/91, 265/90, 327/91, 337/91, 334/91, 333/91, 330/91, 329/91, 322/91, 432/91, 420/91, 431/91, 573/91, 181/91, 316/91, 381/91, 390/91, 238/91, 686/91, 687/91 167/91 K. Garg, R.K.Jain, Govind Mukhoty, Ved Prakash Gupta, Suresh Chand Garg, Ms. Bharti Sharma, Rani Chhabra, B.S. Chauhan, Gaurav Jain, N.K. Goel, D.B. Vohra, Ms. Abha Jain, Vijay Hansaria, A.K. Tiwari and C.K. Ratnaparkhi for the Petitioners.
Yogeshwar Prasad, Mrs. S.Dixit, G.V.Rao, A.V.Rangam, Parthasarthy and Ms. A. Subhashini for the Respondents.
Procedure in applying for and granting permits, 1 An application for a permit of any kind may be made at any time.
The Judgment of the Court was delivered by KULDIP SINGH, J. The liberalization for private sector operations in the Road Transport field under Section 80 and other provisions of The Motor Vehicles Act, 1988 has been challenged in these bunch petitions under Article 32 of the Constitution, filed by the existing operators, primarily on the ground that they have been adversely affected in the exercise of their rights under Articles 14 and 19 of the Constitution of India.
Chap ter IV of the old Act companysisted of sections 42 to 68 provid ing companytrol of transport vehicles.
ORIGINAL JURISDICTION Writ Petition Civil No.
The old Act was repealed by the Act which came into force on July 1, 1989.
1 An application for a companytract carriage permit or a private carriers permit may be made at any time.
Sections 47 and 57, to the relevant extent, are re produced as under Procedure of Regional Transport Authority in companysidering application for stage carnage permit 1 A Regional Transport Authority shall, in companysidering an application for a stage carriage permit, have regard to the following matters, namely a the interest of the public generally b the advantages to the public of the serv ice to be provided, including the saving of time likely to be effected thereby and any companyvenience arising from journeys number being broken c the adequacy of other passenger transport services operating or likely to operate in the near future, whether by road or other means, between the places to be served d the benefit to any particular locali ty or localities likely to be afforded by the service e the operation by the applicant of other transport services, including those in respect of which applications from him for permits are pending f the companydition of the roads included in the proposed route or area, and shall also take into companysideration any representations made by persons already pro viding passenger transport facilities by any means along or near the proposed route or area, or by any association representing persons interested in the provision of road transport facilities recognized in this behalf by the State Government, or by any local authority or police authority within Whose jurisdiction any part of the proposed route or area lies A Regional Transport Authority may, having regard to the matters mentioned in sub section 1 , limit the number of stage carriages generally or of any specified type for which stage carriage permits may be granted in the region or in any specified area or on any specified route within the region.
The necessary numberification was issued with the result that the transport authorities were to proceed to grant permits as if sub section 3 of section 47 was omitted and there was numberlimit for the grant of permits on any specified route within the region.
On receipt of an application for a stage carnage permit or a public carriers permit, the Regional Transport Authority shall make the application available for inspection at the office of the Authority and shall publish the application or the sub stance thereof in the prescribed manner to gether with a numberice of the date before which representation in companynection therewith may be submitted and the date, number being less than thirty days from such publication, on which, and the time and place at which, the applica tion and any representations received will be companysidered Provided that, if the grant of any permit in accordance with the application or with modi fications would have the effect of increasing the number of vehicles operating in the re gion, or in any area or any route within the region, under the class Of permits to which the application relates, beyond the limit fixed in that behalf under sub section 3 of Section 47 or sub section 2 of Section 55, as the case may be,, the Regional Transport Authority may summarily refuse the application without following the procedure laid down in this sub section.
An application for a stage carriage permit or a public carriers permit shall be made number less than six weeks before the date on which it is desired that the permit shall take effect, or, if the Regional Transport Authori ty appoints dates for the receipt of such applications, on such dates.
The Statement of Objects and Reasons appended to the Act is re produced as under The Motor Vehicles Act, 1939 4 of 1939 , companysolidates and amends law relating to motor vehicleS. This has been amended several times to keep it up to date.
Various Committees like National Transport Policy Committee, National Police Commission, Road Safety Committee, Low Powered Two wheel ers Committee, as also the Law Commission have gone into different aspects of road transport.
Under Article 32 of the Constitution of India .
Procedure in applying for and granting permits.
1345 of 1989.
The need was, however, felt that this Act should number inter alia, take into account also changes in the road trans port technology, pattern of passenger and freight movements, development of the road network in the companyntry and particularly the improved techniques in the motor vehicles management.
They have recommended updating, simplification and rationalisation of this law.
