AMBALA BUS SYNDICATE PVT. LTD. versus CHANDIGARH ADMINISTRATION & ORS.

AMBALA BUS SYNDICATE PVT. LTD. versus CHANDIGARH ADMINISTRATION & ORS.

The reciprocal agreement of 2008 between Punjab and Chandigarh permits non-A.C. buses operated under permits issued prior to 1966 to be countersigned by Chandigarh, unless the agreement is superseded or a new scheme is framed to the contrary. The overriding effect in s.98 applies only in the case of inconsistency, which is not present here. Consequently, Chandigarh cannot refuse counter-signature so long as the permits are renewed by Punjab.

Parties
Appellant: Ambala Bus Syndicate Pvt. Ltd.; Respondents: Chandigarh Administration & Ors.
Jurisdiction
India
Judgment Date
26 September 2018
Procedural Posture
Civil Appeal / Final Disposition
Outcome
appeal allowed
Legal Topics
Motor Vehicle Permits, Reciprocal Agreements, Overriding Effect of Schemes
Transport Law Motor Vehicle Permits Reciprocal Agreements Overriding Effect of Schemes

Case Brief

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Parties

Ambala Bus Syndicate Pvt. Ltd.

Appellant

Chandigarh Administration & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether the Scheme framed by U.T. of Chandigarh under Chapter VI of the Motor Vehicles Act, 1988, excludes operation of private operators and overrides the reciprocal agreement under s.88 for counter-signatures.
  2. 2 Whether the appellant is entitled to counter-signature for permits issued by State of Punjab prior to 1966 under the reciprocal agreement of 2008.

Ratio Decidendi

The reciprocal agreement of 2008 between Punjab and Chandigarh permits non-A.C. buses operated under permits issued prior to 1966 to be countersigned by Chandigarh, unless the agreement is superseded or a new scheme is framed to the contrary. The overriding effect in s.98 applies only in the case of inconsistency, which is not present here. Consequently, Chandigarh cannot refuse counter-signature so long as the permits are renewed by Punjab.

Court Disposition

appeal allowed

Orders

  • Impugned order of Division Bench set aside.
  • Order of Single Judge of High Court restored.