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Judgment
Ajit Singh, J.—In this petition filed under Article 226 of the Constitution the question which calls for consideration is whether the Regional Transport Authority, Jabalpur (Respondent No. 2) is competent to pass a resolution dated 23.6.2005, Annexure P3.
By the impugned resolution Regional Transport Authority, Jabalpur with an object to control road transport having regard to the convenience of public and vehicle owners and also to avoid cutthroat competition amongst transporters issued a general order that while considering the applications for approval of temporary/permanent stage carriage permit following conditions shall be taken into account.
On those routes having distance of more than 50 kms. vehicles having sitting capacity of 30+2 and more shall be given stage carriage permit to ply the routes.
On those routs having distance between 30 to 50 kms. vehicles having sitting capacity of 22+2 and more shall be given stage carriage permits to ply the routes.
On those routes having distance of less than 30 kms. vehicles of less than 22+2 sitting capacity shall be given stage carriage permits to ply the routes.
If village applied does not fall within distance prescribed in paras 1 and 2 aforesaid, distance up to 10 km. and 5 km. respectively shall be increased.
Large buses shall be given preference over small buses on any route.
The Petitioners are holders of stage carriage permit. They have challenged the impugned resolution on the ground that Regional Transport Authority has absolutely no power under the motor Vehicles Act, 1988 (in short "the Act") to pass the same. The Respondents on the other hand have contended that Regional Transport Authority is empowered to pass the resolution u/s 72 of the Act.
u/s 67 of the Act power to control road transport having regard to the advantages offered to the public and desirability of preventing uneconomic competition among holders of permit is vested only in the State Government and the State Government may issue directions in this regard from time to time by notification in the official gazette to the Regional Transport Authority. Further, Sub-section (3) of Section 68 provides that Regional Transport Authority shall give effect to the directions issued u/s 67 by the State Government. Section 72 does not confer power on the Regional Transport Authority to either pass a resolution or a general order for the purposes of controlling road transport. Under this section, Regional Transport Authority can only impose conditions enumerated therein when an application for grant of stage carriage permit is made. The resolution which is in the form of general order has apparently been passed by the Regional Transport Authority without any power and authority under law. I, therefore, have no hesitation in quashing the same.
The petition is accordingly allowed and the resolution dated 23.6.2005, Annexure P2, is quashed.