Judgment:
The Court: This writ application is directed against the action of the State Transport Authority, West Bengal, in allowing replacement of the vehicle endorsed in permit No.P.St.P.207/2004(I/R) issued to the petitioners to operate a vehicle on the route Saidpur to Alampur for a limited period of three months even though the permit is valid till 28.05.2014.
The vehicle sought to be replaced is a Bharat Stage- II Vehicle. By allowing replacement, the respondent authorities have acknowledged that the vehicle is not unworthy of replacement.
If the vehicle can be allowed to be replaced for three months, there is no reason why it cannot be allowed to be operated for as long as the permit is valid. Be it noted that the earlier vehicle was also a Bharat Stage-II Vehicle.
But, for the mechanical defect in the vehicle leading to the dispute with its registered owner, the aforesaid vehicle which was also Bharat Stage-II might have been plied for as long as the permit was valid.
The writ application is disposed of by directing the respondent authorities to allow replacement of the new vehicle till the date of expiry of the permit. It is, however, made clear that the petitioners shall not claim any equity by reason of this order, at the time of applying for renewal of the permit and it will be open to the respondent authorities to insist on better model vehicle in compliance with pollution norms as might be stipulated by the respondents.
This order is not to be construed as waiver of any other requirements of law with regard to pollution norms, fitness certificate and/or requirement to maintain the vehicle in a roadworthy condition.
Urgent certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.