- (1.) In this petition counter affidavit has been filed and learned counsel for parties have agreed that petition may be decided finally at this stage.
(2.) The short but important and interesting question involved in this petition is as to whether the bar created by Section 104 of the Motor Vehicles Act, 1988 (hereinafter referred to as the New Act) shall take into its sweep even such un-notified and independent route, which for some compelling reason had a diversion and shared a common strip with a notified route, which also faced indentical, diversion for the same reason and passed through the strip which was not originally a portion of the notified route.
(3.) The facts necessary to appreciate the controversy which is subject matter of this petition are that Muzaffarnagar Bijnor route was covered by a scheme framed under Section 68C and confirmed under Section 68D(3) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Old Act). The route was notified under Section 68D(3) of the Old Act on 5-11-1977. This route admittedly passed through Bhopa-Morna and crossed river Ganges from Rawli Ghat for reaching Bijnor. Another route Meerut-Bijnor was not nationalised and it passed through Mawana-Behsuma-Ramraj Dharapur and cross river Ganges at Bidurkuti for reaching Bijnor. The aforesaid two routes, one notified and another unnotified were independent and separate routes till 1985. However, a bridge was constructed known as Ganga Barrage at Dewal and was opened for public use in 1985. After construction of the aforesaid bridge the practice of providing pantoon bridges at Rawali Ghat and Bidur Kuti was abandoned and for this reason the route Muzaffarnagar-Bijnor had a diversion from the place Morna and passing through Bara Sadat and Dewal it passed through Ganga barrage for reaching Bijnor. Similarly the route Meerut-Bijnor also had a diversion and passed through Dewal and crossed river Ganges through Ganga Barrage for reaching Bijnor. The aforesaid two routes thus shared a common strip from Dewal to Bijnor for crossing Ganga river. It is undisputed that the strip from Dewal to Bijnor was not part of the route which was notified on 5-11-1977. It is also undisputed that between Dewal and Bijnor there is no other town and all the pantoon bridges which were earlier being provided at Rawali Ghat, Bidur Kuti and other places have been dismantled. Thus all the routes started passing through Dewal and crossed Ganga Barrage for reaching Bijnor. Regional Transport Authority Meerut by order dated 17-5-1990 granted one regular stage carriage permit to one Shri Abdul Ghaffar and by another order dated 4/5-9-1989 granted 21 regular stage carriage permits. One of the permits so granted was in favour of petitioner Manzoor Ahmad. Om Prakash Gupta, respondent No. 3, who holds a regular stage carriage permit for Meerut-Bijnor via Meerapur Dewal barrage filed two revisions Nos. 5 of 1992, and 52 of 1992, under Section 90 of the New Act challenging the grant of aforesaid permits before the State Transport Appellate Tribunal, U. P. at Lucknow. The present petitioner Manzoor Ahmad was opposite party No. 17 in revision No. 52 of 1992. The Tribunal by order dated 6-2-1993 has allowed both the revisions and set aside the orders of the Regional Transport Authority, Meerut dated 17-5-1990 and 4/5-9-1989. Aggrieved by the aforesaid order of the Tribunal petitioner has approached this Court under Art. 226 of the Constitution.;