Kurian Joseph, J. - (1.) Heard learned counsel for the parties.
(2.) Leave granted.
(3.) The appellant is aggrieved by the judgment dated 21.04.2011 passed by the Division Bench of the High Court of Punjab and Haryana at Chandigarh in Letters Patent Appeal No.1098 of 2010, whereby the Division Bench overturned the view taken by the learned Single Judge of the High Court and held that the appellant cannot operate its stage carriages beyond the territory of Punjab in view of the 1998 Scheme, as amended in 2001. The relevant consideration in the impugned order reads:- "The 1998 Scheme and the modified Scheme of 2001 does not permit non-air conditioned buses of the private operators (persons/agencies) to operate in the U.T., Chandigarh. Section 66 of the 1988 Act prohibits an owner of the motor vehicle to permit use of his vehicle as a transport vehicle in any public place whether or not carrying any passengers or goods without permit granted or counter-signed by the competent authority. This Section necessitates a permit for a vehicle to be used as a transport vehicle. Section 88 of the 1988 Act provides counter-signatures of a permit granted in any one State to be valid in any other State. Since the 1998 Scheme of the U.T. Chandigarh excludes the operation of private operators altogether, which Scheme has been framed under Section 99 read with Section 100 of the 1988 Act falling in Chapter VI of the 1988 Act, the same shall have an over riding effect. If that be so, the respondent-Company, a private operator, has no right to claim counter-signatures from the Authority of U.T. Chandigarh on the permit issued to it by the Authority of the State of Punjab under the Reciprocal Agreement dated 4.6.2008 also. In the light of the above conclusions reached by us, the respondent-Company cannot claim counter-signatures on an inter-State permit from the Authority of U.T., Chandigarh to operate a non-air conditioned bus in the territory of U.T. Chandigarh.";