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

SooperKanoon Citationsooperkanoon.com/655147
SubjectMotor Vehicles
CourtSupreme Court of India
Decided OnSep-30-1986
Case NumberSpecial Leave Petition (Civil) No. 11638 of 1986
Judge E.S. Venkataramiah and; G.L. Oza, JJ.
Reported inAIR1987SC116; 1986(2)SCALE587; (1986)4SCC504; [1986]3SCR1002; 1987(1)LC10(SC)
ActsMotor Vehicles Act, 1939 - Sections 57(2)
AppellantBasant Roadways
RespondentState Transport Appellate Tribunal and ors.
Advocates: B.K. Rawat,; M.K. Dua,; Aman Vachher and;
Prior historyFrom 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.