K.S Hegde, J. - (1.) The scope of Section 47(3) of the Motor vehicles 1939 (to be hereinafter referred to as the Act) comes up for consideration in this appeal by certificate.
(2.) The facts of the case necessary for the purpose of deciding the point in issue are few, and they are as follows:- On August 8, 1966 the appellant applied to the R. T. A., Coimbatore for a permit to ply a stage carriage on the route Bhavani to Vellithiruppur. That was entirely a new route. No stage carriage was plying on that route at that time. The R. T. A. published that application under Section 57 (3) of the Act. Respondents Nos. 2-3 and others made representations against that application contending that there was no need to grant a stage carriage permit for that route. The R. T. A. overruled their objection and granted the permit asked for on October 9, 1967. As against the order of the R. T. A. some of the objectors went up in appeal to the State Transport Appellate Tribunal, Madras. The Additional State Transport Appellate Tribunal allowed the appeal by its order of February 22, 1968 holding that the procedure adopted by the R. T. A. was not in accordance with law inasmuch as it had failed to determine the question of the need for a service in that route before entertaining the application for a stage carriage permit. The Tribunal held that the procedure adopted by the R. T. A. contravened Section 47 (3) of the Act. The appellant challenged that order before the High Court of Madras in Writ Petition No. 908 of 1968. The High Court dismissed that application. Hence this appeal.
(3.) Section 47 of the Act prescribes the procedure to be adopted by the R. T. A. in considering applications for stage carriage permit. That Section reads: "A Regional Transport Authority shall, in considering an application for a stage carriage permit, have regard to the following matters namely: (a) the interests of the public generally; (b) the advantages to the public of the service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journeys not being broken; (c) the adequacy of other passenger transport services operating or likely to operate in the near future, whether by road or other means, between the places to be served; (d) the benefit to any particular locality or localities likely to be afforded by the service; (e) the operation by the applicant of other transport services, including those in respect of which applications from him for permits are pending; (f) the condition of the roads included in the proposed route or area; and shall also take into consideration any representations made by persons already providing passenger transport facilities by any means along or near the proposed route or area or by any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government, or by any local authority or police authority within whose jurisdiction any part of the proposed route or area lies: Provided that other conditions being equal, an application for a stage carriage permit from a co-operative society registered or deemed to have been registered under any enactment in force for the time being shall, as far as may be, be given preference over applications from individual owners. (2) A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened: Provided that before such refusal an opportunity shall be given to the applicant to amend the time-table so as to conform to the said provisions. (3) A Regional Transport Authority may having regard to the matters mentioned in sub-section (1), limit the number of stage carriages generally or of any specified type for which stage carriage permits may be granted in the region or in any specified area or on any specified route within the region." ;