D.K.SETH,J. - (1.) THE petitioner, holding permit to operate stage carriage on Meerut-Baghpat-Chaprauli route, had taken alongwith other operators of the Union, a plot measuring 9,750 sq. ft. on lease in the year 1940 and converted the same into a bus stand whereon Pucca construction there for 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 arrival 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 directing the shifting of the bus stand to Transport Nagar. He had further directed that the bus traveling 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 to 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 , 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)(r) and (s) empowers the State Government to make rules for the purpose of carrying into effect the provision 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 cannot be attracted. According to him, parking and halting place, as contemplated in Section 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 there under.
(3.) 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-section (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 contract carriages at specified places or in specified areas or at places 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 equipment 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 conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition. ;