SUBHASH CHANDER Vs. STATE TRANSPORT APPELLATE TRIBUNAL
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Subhash Chander and Anr.
State Transport Appellate Tribunal And Ors.
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(2.)These cases reveal how the persons who got benefit of permit raj are trying to avoid competition despite the liberalised policy introduced by the Parliament under S. 80 of the Motor Vehicles Act, 1988. In our view, the question involved is concluded by the decision rendered by this Court in Jagdip Singh etc. v. Jagir Chand and another etc. ((2001) 8 SCC 437). However, to avoid the competition and to have privilege of running mini-buses, operators who were having permits are trying to create all hurdles. As such, State Transport Undertaking as well as the State has no objection with regard to grant of permits to the appellants.
(3.)This would be clear from the facts of one of the appeals. For the sake of convenience, we would refer to the facts of Civil Appeals arising out of S.L.P. (C) Nos. 18207-18209 of 2001 (Subhash Chander's case). Appellants Nos. 1 and 2 preferred applications before the State Transport Commissioner, Punjab for grant of mini-bus permits at Dasuya,-Jalalpur via Miani route under the liberalised scheme introduced by S. 80 of the Motor Vehicles Act, 1988. That application was rejected on 10th September, 1996. Against that order, appellants preferred an appeal before the State Transport Appellate Tribunal (STAT) and the Tribunal vide its judgment and order dated 3-4-1997 allowed the appeal and remitted the case to State Transport Commissioner, Punjab to conduct survey and decide the application on merits. The State Transport Commissioner, Punjab vide order dated 11-12-1997 again rejected the applications. Against that order, appellants preferred an appeal before the State Transport Appellate Tribunal (STAT). That appeal was allowed.
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