- (1.) SUNIL Ambwani, J. Heard Shri R. N. Singh and Shn B. D. Mandhyan, Senior Advocates assisted by Shri G. K. Malviya for the petitioner and Shri Navin Sinha, Senior Advocate assisted by Shri H. P. Dube, Shri A. R. Dubey and Shri S. N. Jaiswal appear for the contesting respondents. Learned Standing Counsel was heard for the State respondents.
(2.) THE petitioner is aggrieved by the orders passed by the Chairman, State Transport Appellate Tribunal, U. P, Lucknow (STAT) by which the Appellate Tribunal has allowed the 37 revision petitions-filed by respondent Nos. 3 to 39 on December 28th, 2007 and has set aside the order dated 15. 10. 2004 by Regional Transport Authority, Saharanpur. THE Appellate Tribunal has allowed the applications for extension of the route from Bahsuma to Raffankalan via Ganeshpur-Mawanakalan. The respondent No. 12 had filed a caveat application on 5. 2. 2008. The Court issued notice to 36 other respondents: "heard Shri R. N. Singh, Senior Advocate and Shri B. D. Mandhyan, Senior Advocate assisted by Shri G. K. Malviya and Shri G. K. Singh for the petitioner and Shri Navin Sinha, Senior Advocate assisted by Shri H. P. Dube for respondent No. 12. There are 36 other respondents, who will need to be served as all the revisions were allowed by the State Transport Appellate Tribunal. The petitioner is permitted to take steps to serve them within a week.) The petitioner is also permitted to advertise this writ petition in daily newspaper 'amar Ujala' published from Meerut within a week, fixing thetimeforfiling cunteraffidavit on or before 19th February, 2008 and for hearing the petition on 25th February, 2008. Shri Navin Sinha appearing for respondent No. 12 prays for and is granted two weeks to file counter affidavit. The petitioner will have three days thereafter to file rejoinder affidavit. List this matter for hearing on 25th February, 2008. The short question, which calls for consideration in this case, is, whether the distance of 24 Kms fixed by the second proviso to sub-section (3) of Section 80 of Motor Vehicles Act, 1988, will be the total maximum extension, to be granted in case of more than one applications. The question also calls for consideration the object and purpose of providing maximum limit, when every such application is to be treated for grant of new permits with an overriding consideration of convenient of general public. The petitioner has relied upon a judgment in Unni Nair v. R T. A. and others, decided by Kerala High Court in which the Court drew the 'obvious consequence', that if extensions granted exceed the total extension to 24 Kms, the legislative intent will be frustrated. It is contended by the respondents that this judgment does not take into consideration the other factors provided in sub-section (3) of Section 80 of the Act. " An affidavit of service was filed annexing therewith a copy of newspaper 'amar Ujala' dated 12th February, 2008 publishing the notice in response to which appearance was filed by Shri H. P. Dubey for respondent No. 12, Shri S. N. Jaiswal for respondent Nos. 5,10,16, 23, 32 and 36 and Shri A. R. Dube for respondent Nos. 19, 22, 26 and 29. The notices were also sent to other respondents by registered post. They have been served by publication. Shri H. P. Dube, Shri S. N. Jaiswal and Shri A. R. Dubey have filed their counter affidavits to which rejoinder affidavits have been filed. With the consent of parties, the writ petition was heard at the admission stage and is being finally decided.
(3.) BRIEFLY stated the facts are that within the jurisdiction of the Regional Transport Authority, Saharanpur there is route known as Muzaffar Nagar to Behsuma via Meeranpur. There are at present 37 regular stage carriage permits operating on the route. Initially the distance of the original route from Muzaffarnagar to Meeranpur was 37 kms. The then Regional Transport Authority, Saharanpur by his resolution dated 23/24/25 August, 1954 granted an alleged extension under Section 57 (8) of the Motor Vehicles Act, 1939 to a portion of 13 kms. The existing operators applied in 1972 for alleged extension of a portion of the route from Meeranpur to Kutubpur to Nunikhera a portion of 15 kms. It was granted by resolution of RTA, Meerut dated 15/16th November, 1972. Again in 1976 it is alleged that further extension of the route was granted from Ramraj to Ahmadwala, a portion of 15 kms. by RTA Meerut in its meeting dated 9/10/11/12 November, 1976. It is stated that in this manner the original route of 37 kms. , was extended by 43 kms. and was converted into route of 80 kms. Once again in the year 1996 the RTA, Meerut allowed extension of the route from Bahsuma to Mawana. This application was rejected by RTA, Meerut on 16. 1. 1997. It is alleged that this order was not challenged. The 37 operators again made an application allegedly without disclosing the earlier rejection, for extension of route from Bahsuma Raffankalan, four kilometers ahead from Mawana. The petitioner holding regular stage carriage permit No. 3833 for the route Meerut, Bijnor via Mawana - Bahsuma-Ramraj-Meerapur-Dewal, filed detailed objections against the extension of route from Behsuma to Raffankalan. The RTA, Saharanpur in its meeting dated 15. 10. 2004 allowed the objections and rejected the application, on the ground that the portion is purportedly served by the vehicles of the petitioner's route as well as vehicles of U. P. State Road Transport Corporation and the granting of extension will unnecessarily cause litigation, which will not be in public interest.;