KERALA STATE ROAD TRANSPORT CORPORATION versus BABY P. P. & ORS.

KERALA STATE ROAD TRANSPORT CORPORATION versus BABY P. P. & ORS.

Temporary permit cannot be issued to a private stage carriage operator to traverse or overlap on a notified route which is being adequately served by the State Transport Undertaking (STU) in excess of permissible distance (5 kms or 5% whichever is less) as per the notified scheme. Respondent no.1's application for a temporary permit overlapping the notified route by 13 kms is not allowable under the scheme and section 104 proviso, hence the rejection of the claim is justified.

Parties
Appellant: Kerala State Road Transport Corporation; Respondent 1: Baby P. P.; Other Respondents: Ors.
Jurisdiction
India
Judgment Date
16 May 2018
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals allowed, temporary permit set aside, High Court and STAT orders reversed
Legal Topics
Temporary Permit, Notified Route, Exclusion of Private Stage Carriage Operators, Interpretation of Statutes, Public Interest, Overlap and Intersection Under Route Schemes
Motor Vehicles Law Administrative Law Transport Law Temporary Permit Notified Route Exclusion of Private Stage Carriage Operators Interpretation of Statutes Public Interest +1 more

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Parties

Kerala State Road Transport Corporation

Appellant

Baby P. P.

Respondent 1

Ors.

Other Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether grant of temporary permit to private stage carriage operator on a notified route, partially excluded for private operators under State Scheme, is permissible under Motor Vehicles Act, 1988 and its proviso to Section 104
  2. 2 Distinction between 'intersection' and 'overlapping' as per scheme and Motor Vehicles Act, 1988
  3. 3 Interpretation of proviso vis-a-vis main section under Section 104

Ratio Decidendi

Temporary permit cannot be issued to a private stage carriage operator to traverse or overlap on a notified route which is being adequately served by the State Transport Undertaking (STU) in excess of permissible distance (5 kms or 5% whichever is less) as per the notified scheme. Respondent no.1's application for a temporary permit overlapping the notified route by 13 kms is not allowable under the scheme and section 104 proviso, hence the rejection of the claim is justified.

Court Disposition

appeals allowed, temporary permit set aside, High Court and STAT orders reversed

Orders

  • Temporary permit granted by Regional Transport Authority (RTA) on 23.02.2017 in favour of respondent no.1 is set aside.
  • Judgment and order of the High Court (dated 02.08.2017) and STAT are set aside.