Ramaswami, J. - (1.) THIS appeal raises an important question as to the scope and interpretation of s. 62(c) of the Motor Vehicles Act and as to whether the appellant - The Madhya Pradesh State Road Transport Corporation - was entitled, in the circumstances of the case, to the grant of a temporary permit for 4 months under s. 62(c) of the Motor Vehicles Act.
(2.) ON November 27, 1962 applications were invited for a permit for running a town bus service in Raipur. On February 20, 1963 it was decided by the Regional Transport Authority to grant a permit for the service to the 3rd respondent - Madhya Pradesh Transport Co. (Pvt.) Ltd. Raipur - but the 3rd respondent did not produce buses of the required specifications for operating the service though several opportunities were given. The order granting the permit to the 3rd respondent was consequently revoked by the Regional Transport Authority on September 13, 1964. Shortly thereafter the Regional Transport Authority granted a temporary permit to the appellant for a period of two months i.e. from September 29, to November 28, 1964 in respect of the aforesaid bus service. By the order dated November 25, 1964 the Regional Transport Authority granted another temporary permit for 4 months to the appellant. The order of November 25, 1964 states : "From the large number of letters from some responsible members of the public received with this application and the statistics of the traffic catered to by the buses operated by the Corporation, it is now clear that the public of Raipur is feeling the need of the town bus operations. It has been decided by this Authority separately that applications for regular operations on two routes actually operated temporarily with some extensions and one additional route be invited. However, it has to be accepted that expectations of the public for these transport facilities at least on the existing two routes have been aroused and have created a particular need which has to be met temporarily till regular operations are introduced. The restrictions put by the first proviso to s. 62 of the Motor Vehicles Act and which has been emphasized in the decision of their Lordships of the M.P. High Court in Shri Ram Khanna v. Ramgopal Satyanarain, 1961 M.P.L.J.121 will not operate in sanctioning a further grant for a period of four months till nearly the end of March when the academic year may end for a large number of students availing of this facility. A temporary permit for a period of four months from the date of expiry, i.e., 28 -11 -1964, on the routes and timings covered by the previous order of grant dated 19 -9 -1964 is approved. This will stand cancelled if regular operations covering these routes are introduced in the meantime." The 3rd respondent thereupon moved the High Court of Madhya Pradesh on December 19, 1964 for grant of a writ of certiorari to quash the order of the Regional Transport Authority granting temporary permits to the appellant for operating the bus service. The application was allowed by the High Court on January 13, 1965 and a writ in the nature of certiorari was issued quashing the order of the Regional Transport Authority dated November 25, 1964 by which a temporary permit was granted to the appellant. The High Court took the view that a temporary permit cannot be granted for any route when there is a permanent need for providing transport facilities on that route and it has been decided to invite applications for that purpose. This appeal is brought, by special leave, by the Madhya Pradesh State Road Transport Corporation against the judgment of the High Court in the writ petition.
(3.) SECTION 62 of the Motor Vehicles Act states : "62. A Regional Transport Authority may without following the procedure laid down in section 57, grant permits, to be effective for a limited period not in any case to exceed four months, to authorise the use of a transport vehicle temporarily - (a) for the conveyance of passengers on special occasion such as to and from fairs and religious gatherings, or (b) for the purposes of a seasonal business, or (c) to meet a particular temporary need, or (d) pending decision on an application for the renewal of a permit; and may attach to any such permit any condition it thinks fit : Provided that a temporary permit under this section shall, in no case, be granted in respect of any route or area specified in an application for the grant of a new permit under section 46 or section 54 during the pendency of the application : Provided further that a temporary permit under this section shall, in no case, be granted more than once in respect of any route or area specified in an application for the renewal of a permit during the pendency of such application for renewal.";