Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2010 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (4) TMI 1188 - SC - Indian LawsWrit petitions challenging the orders - grant of regular permits to private operators - claim of STUs in gross violation of 1990 scheme as modified in the year 1997 and the provisions of Chapter VI of the Act - HELD THAT:- The power to cancel the Scheme or modify the Scheme rests with the State Government u/s 102 of the Act and the RTA and the Tribunal have committed a grave error in tampering with the Scheme as well as disturbing the ratio fixed by the Scheme by granting regular permits to the private sector from the quota earmarked for STUs. Once a scheme is approved and published, private operators have no right to claim regular permits to operate their vehicles in the notified area, route or portion thereof upsetting the ratio fixed. Since the scheme makes provision for partial exclusion, the private operators are not completely excluded, they may get regular permits on the notified route or portion thereof in accordance with the terms and conditions laid down in the scheme and within the quota earmarked for them. In our view same is the situation in respect of a case where an STU inspite of grant of permit does not operate the service or surrenders the permit granted or not utilizing the permit. In such a situation it should be deemed that no application for permit has been made by the STU and it is open to the RTA to grant temporary permit if there is a temporary need. By granting regular permits to the private operators RTA will be upsetting the ratio fixed under the scheme which is legally impermissible. A writ Court seldom interferes with the orders passed by such authorities exercising quasi-judicial functions, unless there is serious procedural illegality or irregularity or they have acted in excess of their jurisdiction. If there is any dispute on the proper implementation of the ratio or inclusion or exclusion of any route or area in the Scheme, the RTA can always examine the same, if it is moved. The direction given by the High Court to the RTA to grant regular permits to the private operators, is therefore, patently illegal. We therefore, allow all these Civil Appeals as follows-
|