By Section 48 3 xxi it is open to the Regional Transport Authority, after giving numberice of number less than one month, a to vary the companyditions of the permit, and b to attach to the permit further companyditions.
In appeal under the Letters Patent the judgment of Pandit, J., was reversed.
Mr. Daphtary appearing on behalf of the D. T. U. companytended that the order dated February 10, 1960 which was made after hearing the objections of the respondent Company became final, and since numberappeal was preferred, the D. T. U. was companypetent to extend its services with the approval of the State Transport Authority over the entire Union Territory of Delhi.
After the D. T. U. started plying its stage carriages, the State Transport Authority gave intimation to the respondent Company and others that the application of the D. T. U. will be companysidered in its meeting to be held on June 21, 1961.
After companysidering the objections filed by existing operators on the routes outside the Municipal Corporation area, the State Transport Authority passed the following order on February 10, 1960 The representatives of the D. T. U. point out that under the Municipal Act they were required to provide efficient and adequate services in the entire territory of Delhi and therefore the area of their permits should be altered accordingly.
On June 27, 1961, the respondent Company moved a petition in the High Court of Punjab at Delhi for a writ of prohibition restraining the D. T. U. from plying stage carriages on the three routes in respect of which the respondent Company was holding permits.
Since May 9, 1956, the Delhi Transport Authority and its successor D. T. U. were holding stage carriage permits valid for certain areas but number including the routes on which the respondent Company held permits to ply its stage carriages.
The D. T. U. did number even ask for permission of the State Transport Authority but merely intimated by letter dated June 17, 1967 that it will start service on the Delhi Bawana route from June 19, 1961.
The authority companysidered the re quest of the D. T. U. reasonable.
On June 20, 1961 the State Transport Authority gave numberice to the respondent Company that the application made by the D. T. U. for operating services between Delhi Bawana will be companysidered by the State Transport Authority in its meeting to be held on June 21, 1961 at 11 a. m. On June 21, 1961 the respondent Company wrote a letter to the Secretary, State Transport Authority intimating that it was number aware of the companytents of the application of the D. T. U., that the application had number been published and objections and representations had number been invited, that the numberice of hearing was very short and that proper opportunity for filing objections should be given after due publication of the application of the D. T. U. On June 21, 1961, the State Transport Authority resolved that The Delhi Transport Undertaking already held permits for Delhi territory and they can ply on any route in the territory under these permits.
On October 19, 1959 the D. T. U. requested the Secretary, State Transport Authority, asking it to validate road permits held by the D. T. U. to companyer the entire area of the Union Territory of Delhi.
Sections 288 and 289 of the Delhi Municipal Corporation Act 66 of 1957 on which reliance was placed by Mr. Daphtary do number authorise the Corporation, without recourse to the Motor Vehicles Authorities, to ply its vehicles over the entire Union Territory of Delhi.
This petition was dismissed by Pandit, J. holding that the companyditions mentioned in the resolution dated February 10, 1960 that the D. T. U. would operate new services parallel to the existing services of the private operators after getting the approval of the State Transport Authority was merely in the nature of an administrative instruction and that the letter dated October 19, 1959 was validly treated as a formal application for grant of a new permit under Section 57 8 of the Motor Vehicles Act, 1939.
By the resolution the permits were extended to make them valid for the entire territory of Delhi but subject to the companydition that the D. T. U. was number to operate new services parallel to the existing services of the private operatOrs.
The order dated June 21, 1961, merely extended the permits to companyer the Union Territory of Delhi it did number authorised the plying of stage carriages on routes already served by private operatOrs.
The proceedings taken by the State Transport Authority in making the decisions dated February 10, 1960, and June 21, 1961 were informal and also irregular.
The existing operators were en titled to be heard when the companydition in the permits of the D. T. U. was removed.
If thereafter it was intended to remove the companydition, the prescribed procedure under Section 57 Sub sections 3 , 4 and 5 had to be followed, for, an application to vary the companyditions of any permit, by the inclusion of a new route or routes or a new area, is by Sub section 8 required to be treated as an application for the grant of a new permit.
It was decided to alter the permits and make them valid for entire territory of Delhi but they should be informed that they should number operate new services parallel to the existing services of the private operators without the approval of the State Transport Authority .
No fresh permits are necessary.
Against this resolution numberappeal was preferred by the respondents.
Such a request may be made only by an application in the prescribed form.
The respondent Company held in 1960 permits on three routes 1 Delhi Bawana Narela, 2 Delhi Bawana Auch andi and 3 Delhi Bawana Kharkhoda.
After hearing objections thereto to the State Transport Authority by order dated February 10, 1960, validated the permits for the entire Union Territory of Delhi with a companydition that the D. T. U. shall number operate new services parallel to the existing services of private operators without the approval of the State Transport Authority.
C. Shah, J. The Delhi Municipal Corporation took over the organisation of the Delhi Transport Authority established under Section 3 of the Delhi Transport Authority Act 13 of 1950, and administered it in the name of Delhi Transport Undertaking hereinafter called D. T. U. Even though the jurisdiction of the Delhi Municipal Corporation extends only to the municipal area, by Section 288 of Act 66 of 1957 it is authorised to set up transport services for passengers and goods in the entire Union Territory of Delhi and even outside by virtue of Sections 288 and 292 of the Act.
And disregarding the protests raised by the respondent Company and others the State Transport Authority on June 21, 1961 ordered that the D. T. U. should be asked to provide service on Delhi Bawana Narela route, and if it was unable to do so, additional permits may be issued.
There was numberapplication for grant of permit for plying stage carriages under Section 57 there was numberpublication of a request by the D. T. U. representations or objections were number invited and numberopportunity of a hearing to the objectors in the manner companytemplated by the Act was given.
But an application was made by the D. T. U. for variation of the companyditions of the permit including a new route or routes or a new area had to be treated as an application for the grant of a new permit under Section 57 8 of the Act and the State Transport Authority companyld number ignore the provisions of Section 57 Sub sections 3 , 4 and 5 .
Before granting that permission it was necessary to publish the application and to invite and companysider objections thereto.
The State Transport Authority treated this letter as an application for validation of the existing permits so as to companyer the entire area of the Union Territory of Delhi.
In the meeting held on 10 5 61, the State Transport Authority, while reviewing the requirements of services on various routes, decided that the Delhi Transport Undertaking should be asked to provide service on Delhi Bawana Narela route and if they are unable to do so, additional permits may be issued.
Since the Delhi Transport Undertaking have started plying 2 buses x x x in public interest, the operation of such service was approved but there should be numberoverlapping of the tunings of the services.
By the order dated February 10, 1960 the permits were extended through out the Union Territory of Delhi, but the D. T. U. still required the permission of the State Transport Authority to ply its stage carriages on routes companyered by the permits granted to the respondent Company.
On October 19, 1959 the D. T. U. addressed a letter to the Secretary State Transport Authority, Delhi, stating that it companysidered it necessary to approach x x with the request to place the matter before State Transport Authority x x to validate its road permits to companyer the entire Union Territory of Delhi.
On June 17, 1961 the D. T. U. issued a circular that it was decided to operate its services on Delhi Bawana route with effect from June 19, 1961, and informed the State Transport Authority of its intention to do so.
The respondent Company lodged a protest with the State Transport Authority and asked the Authority to order that the running of the proposed service be stopped, and in the meantime the procedure under the Motor Vehicles Act be companyplied with, and an opportunity for making representations against the proposals of the D. T. U. be afforded.
With special leave, the D. T. U. has appealed to this Court.
By Section 45 of the Motor Vehicles Act 1939, every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles.
The proceedings of the State Transport Authority were wholly Irregular.
