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Basant Roadways Vs. State Transport Appellate Tribunal and ors. - Court Judgment

SooperKanoon Citation

Subject

Motor Vehicles

Court

Supreme Court of India

Decided On

Case Number

Special Leave Petition (Civil) No. 11638 of 1986

Judge

Reported in

AIR1987SC116; 1986(2)SCALE587; (1986)4SCC504; [1986]3SCR1002; 1987(1)LC10(SC)

Acts

Motor Vehicles Act, 1939 - Sections 57(2)

Appellant

Basant Roadways

Respondent

State Transport Appellate Tribunal and ors.

Advocates:

B.K. Rawat,; M.K. Dua,; Aman Vachher and;

Prior history

From the Judgment and Order dated September 12, 1986 of the Madhya Pradesh High Court in M.P. No. 2845 of 1986

Excerpt:


- order1. since this petition is filed against an interim order we do not propose to interfere with the order of the high court. the petition is dismissed.2. we, however, deprecate the practice of granting of temporary permits repeatedly to ply stage carriages for short periods even when it is made out that there is a grave need for increasing the number of regular services on the routes in question in public interest. in many cases this practice has led to undesirable results. in all such cases the proper action to be taken by the regional transport authorities is to grant regular permits in accordance with law either by inviting applications for grant of permits or on the applications made by intending operators suo motu under section 57(2) of the motor vehicles act, 1939. we hope that the regional transport authorities will take necessary steps in accordance with law in respect of all the routes to alleviate the suffering of the travelling public.

Judgment:


ORDER

1. Since this petition is filed against an interim order we do not propose to interfere with the order of the High Court. The Petition is dismissed.

2. We, however, deprecate the practice of granting of temporary permits repeatedly to ply stage carriages for short periods even when it is made out that there is a grave need for increasing the number of regular services on the routes in question in public interest. In many cases this practice has led to undesirable results. In all such cases the proper action to be taken by the Regional Transport Authorities is to grant regular permits in accordance with law either by inviting applications for grant of permits or on the applications made by intending operators suo motu under Section 57(2) of the Motor Vehicles Act, 1939. We hope that the Regional Transport Authorities will take necessary steps in accordance with law in respect of all the routes to alleviate the suffering of the travelling public.


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