- (1.) D. K. Seth, J. The petitioner, holding permit to operate stage carriage on Meerut-Baghpat-Chaprauli route, had taken along with other operators of the Union, a plot measuring 9750 sq. ft. on lease in the year 1940 and con verted the same into a bus stand whereon Pucca construction therefor has been made with necessary facilities after obtaining sanction from the Municipal Board, Meerut. The bus stand is located at a central place convenient for the passengers. The bus stand has a frontage of 108 feet and is situated about 50 feet away from the main road. However, the petitioner parks only two vehicles at the bus stand at a time. Because it is centrally located, even the late ar rival of the bus at 9. 00 p. m. facilitates the passengers. The City Magistrate in the year 1971 under the orders of the District Magistrate directed the shifting of the bus stand to some other place. The said order was challenged in Writ Petition No. 694 of 1971 which was allowed on 19th August, 1974. Thereafter again on 6th January, 1983, the District Magistrate issued a fresh note direct ing the shifting of the bus stand to Transport Nagar. He had further directed that the bus travelling from Meerut to Baghpat and Meerut to Baraut would pick-up and set- down passengers only from Transport Nagar. The said order is Annexure '6' to the writ petition. It is this order which has been sought to be impugned in the present writ petition.
(2.) MR. L. P. Naithani appearing for the petitioner contends that in view of Section 68 (2) (r) (s) of the Motor Vehicles Act, 1939, hereinafter referred to as 'the Act', the State Government may delegate some of the powers of the District Magistrate, but in the present case, there has been no such delegation either upon the District Magistrate or upon the City Magistrate. Further more identical order passed in 1971 having been quashed in Writ Petition No. 694 of 1971 relying on the Judgment of the Supreme Court in the case of Bhopal Municipal Council v. Co-operative Society Limited, AIR 1973 SC 2124, self same order cannot be passed. Thirdly, the power under Section 76 of the Act can be exercised by the District Magistrate. But Section 76 deals with the power of fixing halting places and not of bus stand. According to MR. Naithani, on these grounds, the writ petition should be allowed. The learned Standing Counsel, in reply contends that Section 68 (2) (5) and (s) empowers the State Government to make rules for the purpose of carrying into effect the provisions of the said Chapter. Sub-section (2) clauses (r) and (s) provides that rules can be framed with regard to the stands and facilities that may be made available therein. Accordingly Rule 93 has been framed by the State of U. P. in exercise of the power conferred under Section 68 of the U. P. Motor Vehicles Rules, 1940, hereinafter referred to as 'the Rules'. Rule 93 so framed empowers the District Magistrate to take action for bus stands. Therefore, the decision given by the Supreme Court can not be at tracted. According to him, parking and halting place, as contemplated in Sec tion 76 and bus stand, as indicated in Section 68 (2) (r) and (s) has the same meaning. The said position in law has not been noticed in the said judgment of the Hon'ble Supreme Court. Therefore, the present case is distinguishable. He further submits that by reason of the amendment of the Act by which the Act has been thoroughly overhauled and replaced, the ratio decided in those cases are no more applicable and it has to be decided on the basis of the provisions as contained in the new Act and the Rules applicable thereunder. Section 68 of the Act empowers the State Government to make Rules for the purposes of carrying into effect the provisions of Chapter IV. Sub-sec tion (2) enumerates without prejudice to the generality of the power for making rules with respect to matters mentioned in clauses (a) to (v ). Clauses (r) and (s) provide: " (r) prohibiting the picking up or setting down of passengers by stage or con tract carriages at specified places or in specified areas or at place other than duly notified stands or halting places and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place; (s) the requirements which shall be complied within the construction or use of any duly notified stand or halting place, including the provisions of adequate equip ment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities the records which shall be maintained at such stands or places, the staff to be employed thereat, and the duties and con duct of such staff, and generally for maintaining such stands -and places in a service able and clean condition. "
(3.) SECTION 76 deals with parking places and halting stations which lays down: "76. Parking places and halting stations.- The State Government or any authority authorised in this behalf by the State Government may, in consult ation with the local authority having jurisdiction in the area concerned, deter mine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down passengers. Clause (r) specifies that rules may be made prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or specified areas or places other than duly notified stands or halting places. While clause (s) provides that rules can be made for compliance with the re quirements in the construction or use of any duly notified stand or halting place, including the provision of adequate equipment and facilities etc. There fore, these two provisions empower the Government to make rules relating to prohibition of picking up or setting down passengers except at notified stands while clause (s) empowers the State Government to make rules for com pliance with the requirements for maintaining such facilities in the stands. The said rules are subject only for those purposes. Section 68 empowers the Government to frame rules generally for all purposes relevant to Chapter IV.;