- (1.) A. P. Singh, J. Present writ petition involves a short but interesting question of law to be decided for the first time. The question is whether with the deletion of Section 47 (3) of Motor Vehicles Act, 1939 in the new Motor Vehicles Act of 1988 power of creation of route no more lies with the Regional or State Transport Authority.
(2.) FOR the purposes of proper appreciation of the question which needs to be decided in this case the facts of the case which are not in dispute have to be noticed. Petitioner is an existing operator of stage carriage on Jamuna Bridge Muzaffar- Nagar via-Saharanpur Tapari-Sidki-Rampur-Bajheri-Sarwat Route (hereafter called the old route ). Respondents 4 to 21, (hereafter the respondents) applied before Regional Transport Authority, Meerut, opposite-party No. 2 for grant or stage carriage permit on Muzaffar Nagar-Kuteshra-via-Sisauna-Naogaon-Khampur-Rohana- Baheri-Akhlaur-Pauti route, (hereafter called the new route ). The new route which overlaps on part of the old route was not in existence (having not been created or classified) and the Regional Transport Authority in its meeting dated 2-6-1995 created the route and granted stage carriage permits to the respondents overlooking, ignoring the objection of petitioner. Petitioner then filed revision before opposite-party No. 1 challenging the power and authority of opposite party No. 2 to create route and grant permit to respondents thereon inter alia on the ground that power to create a new route vests with State Government and not with the Transport Authority; they also placed reliance on some interim orders passed by this Court in pending writ petition wherefrom petitioner tried to impress upon opposite-party No. 1 that since the question was in active consideration in identical matter before this Court therefore decision on the question should have not been made by the Regional Transport Authority, The opposite-party No. 1 after hearing the parties rejected petitioner's contention that the Regional Transport Authority had no jurisdiction to create route according to it Regional Transport Authority was fully competent for that purpose subject to directions which the State Government could issue under the provisions of the new Act. Opposite-party No. I however, set aside the order of the Regional Transport Authority granting permit to respondents. Petitioner has filed above writ petition against the part of the order of the State Transport Authority (hereafter S. TA.) upholding the power of Regional Transport Authority to create route.
(3.) IN the background of the above facts, now it is necessary to notice the provisions of law having relevance on the point in issue: Motor Vehicles Act, 1939 was enacted to control and regulate development of Road Transport in the country which was likely to expand with the framing of five years plans. Permit is required to ply a motor vehicle in public place, therefore, different types of permits including stage carriage permit is required for carrying passengers for hire and reward etc. in motor vehicle other than in motor cabs. Grant of permits in 1939 Act was regulated by the provisions in Chapter IV. IN Chapter IV occurred section 47 which laid down procedure for considering applications for grant of stage carriage permits by Regional Transport Authorities of respective regions whereas Section 48 provides how such permits are granted. Section 46 lays down the manner of making applications for grant of stage carriage permit. Section 57 provides the procedure for applying and grant of permits of every nature. Similarly Section 45 provides for the general provisions as to applications which are made for grant of permits of every nature. Clauses (1) and (2) of Section 45 provides for the place where the application has to be filed clauses (3) and (4) provide for deposit of security with the application. Section 46 provides for the particulars which are required to be given in the application for grant of stage carriage. First requirement is the mentioned the 'route' or 'routes' 'area' or 'areas' in respect whereof the application relates. The word 'route' has been defined in Section 2, clause (28-A) exhaustively. It reads as follows: "it means a line of travel which specifies the highway may be traversed by a motor vehicle between one terminus and the other. " The word highway has not been defined in the Act. In English language the word 'highway' is known as 'a passage' Toad', or street which every citizen (person) has a right to use. ' In its wider sense the word is used for all kinds of 'public ways' whether they be carriage ways, bridge ways footways, bridges, turnpike roads, rail roads, canals, ferries or navigable rivers.;