- (1.) Regional Transport Authority, Meerut, vide its order, dated 8th of November, 1989 granted 272 permits on Meerut Quilla-Pariksbitgarh-Aqfabad-Lalyana and allied routes. Aggrieved by the sad order, some of the existing operators filed a writ petition directly in the Hon'ble Supreme Court wherein the liberalisation policy under the new Act was challenged The said writ petition has been dismissed by the Hon'ble Supreme Court Mithlesh Garg v. Union of India, 1992 AIR(SC) 443 While upholding the liberalisation policy contemplated by the new Motor vehicles Act, it was observed by the Hon'ble Supreme Court in paragraph 15 of the said decision that the cordites of roads, social status of the applicants, possibility of small operators being eliminated by big operators, condition of hilly routes, fuel availability and pollution control are some of the important factors which the Regional Transport Authority is bound to take into consideration while taking a decision on an application for grant of permit. These are the matters which are supposed to be within the comprehension of the transport authorities The Regional Transport Authority has the power under the Act to refuse an application for grant of permit by giving reasons. The authorities had So take into consideration all the relevant factors at the time of quasi judicial consideration of the applications for grant of permits The statutory authorities under the Act are bound to keep a watch on the erroneous and illegal exercise of power in granting permits under the liberalised policy.
(2.) One of the existing operators, namely, Sri Jittndra Bir Sharma, however, aggrieved by the aforesaid order of the Regional Transport authority filed a revision under Section 90 of the Motor Vehicles Act before the State transport Appellate Tribunal, U.P. Lucknow (hereinafter described as the appellate Tribunal).
(3.) The Appellate Tribunal vide its judgment, dated 31-3-1992 allowed the revision, set aside the impugned order of the Regional Transport Authority, dated 8-11-1989 and remanded back the matter to the Regional Transport Authority with a direction to scrutinise the various applications afresh In the light of the provisions of Section 71 and 72 of the new Motor Vehicles Act, 1988. It was further directed that reasonable opportunity of hearing should be afforded to various applicants if it is so required.;