GAJRAJ SINGH ETC versus STATE TRANSPORT APPELLATE TRIBUNAL AND ORS. ETC.

GAJRAJ SINGH ETC versus STATE TRANSPORT APPELLATE TRIBUNAL AND ORS. ETC.

Renewal of stage carriage permit under the new Act is not a vested or accrued right but a privilege. Where permits granted under the repealed Act expired after the commencement of the new Act (1-7-1989), only those with renewal applications pending as of that date are saved. Otherwise, fresh applications must be made under the new Act. The schemes under Chapter IV-A of the repealed Act continue to operate and preserve rights only for named private operators. No other private operators can compete for grant or renewal under such schemes. Renewals granted under mistake are deemed temporary permits until regular permits are granted or refused under the new Act.

Parties
Appellant: Gajraj Singh; Respondents: State Transport Appellate Tribunal and Others
Jurisdiction
India
Judgment Date
12 September 1996
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court
Outcome
Appeal and writ petition disposed of; High Court decision affirmed with modification
Legal Topics
Motor Vehicle Permits, Repeal and Savings Law, Permit Renewal, Scheme Under Motor Vehicles Act
Administrative Law Transport Law Motor Vehicle Permits Repeal and Savings Law Permit Renewal Scheme Under Motor Vehicles Act

Case Brief

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Parties

Gajraj Singh

Appellant

State Transport Appellate Tribunal and Others

Respondents

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court

Legal Issues

  1. 1 Validity of renewal of stage carriage permit granted under repealed Act of 1939; applicability of savings under Section 217(2)(a) or (b) of Motor Vehicles Act 1988; nature of right to renewal - vested right or privilege
  2. 2 Effect of repeal of Motor Vehicles Act 1939 and introduction of Motor Vehicles Act 1988 on permits and schemes; procedure for grant and renewal of permit under new Act

Ratio Decidendi

Renewal of stage carriage permit under the new Act is not a vested or accrued right but a privilege. Where permits granted under the repealed Act expired after the commencement of the new Act (1-7-1989), only those with renewal applications pending as of that date are saved. Otherwise, fresh applications must be made under the new Act. The schemes under Chapter IV-A of the repealed Act continue to operate and preserve rights only for named private operators. No other private operators can compete for grant or renewal under such schemes. Renewals granted under mistake are deemed temporary permits until regular permits are granted or refused under the new Act.

Court Disposition

Appeal and writ petition disposed of; High Court decision affirmed with modification

Orders

  • Named transport operators whose permits were saved in relevant scheme must apply for permits under Sections 70 and 71 and obtain permits afresh under Section 72 before expiry of previous period. No other private operators can apply or compete for permits on same notified route. Permits issued under mistake shall be...