- (1.) The petitioners in this batch of writ petitions had applied for permits before various Regional Transport Authorities (hereafter the RTAs) to operate auto rickshaws. All such applications have been rejected by resolutions of diverse dates, referring to a notification dated January 29, 2010 issued by the State Government. The challenge in all these writ petitions is to such notification together with the separate resolutions rejecting the applications for permits.
(2.) Noticing that common questions of law and fact were involved, the writ petitions were heard analogously; they shall stand disposed of by this common judgment and order.
(3.) For facility of reference, the notification dated January 29, 2010 in its entirety is reproduced below: NOTIFICATION No: 268-WT/3M-01/2010 Pt. I Date: 29/01/2010 WHEREAS the State Government in the Transport Department framed a policy for granting of permit to 3-wheeled auto-rickshaws under notification No. 4786- WT/3M-49/2001 Pt. I dated 19th October 2004, the main features of which inter alia are quoted below: "AND WHEREAS the Government in the Transport Department has been considering various aspects involved in the matter of issue of granting permits to such type of Three Wheeled Auto Rickshaws keeping in view the interest and safety of the travelling public in general and the passengers of such Three Wheelers in specific vis- -vis the danger of accidents from fast moving vehicles on the National and State Highways; Now, therefore, the Government in the Transport Department, after considering all the matters as stated hereinabove, holds that such 3-wheeled passenger vehicles cannot be treated as Maxicab for the purpose of granting State Carriage Permits within the purview of the said Notification No. 2317- WT/3M-49/2001 dated 7th June 2004 and directs that henceforth no permit (both Stage Carriage and Contract Carriage) to such Three Wheeled Auto Rickshaws shall be granted as indicated below under the category of 'Maxicab'; (a) In routes/areas covering more than one district, (b) In routes/areas falling within the jurisdiction of Kolkata Metropolitan Area. The Government further directs that granting of permit to such 3-Wheeler Auto Rickshaws within a particular district only may however be considered by the concerned RTA of the districts (outside the Kolkata Metropolitan Area) after observing all the orders issued by the Transport Department in regard to the restrictions imposed so far in the matter of granting permit to the Three Wheeled Auto Rickshaw and after taking into consideration the road condition, congestion of road traffic and safety and security of the passengers travelling in such 3-Wheeled Auto Rickshaw as aforesaid, within the ambit and scope of the Motor Vehicles Act, 1988 and Rules framed thereunder. The Government in the Transport Department shall only be competent to grant any relaxation in the matter." AND WHEREAS His Lordship the Hon'ble Mr. Justice Tapen Sen passed an order dated 5th January 2010 in W.P. 22994 (W) of 2009 wherein His Lordship observed that the State Government should formulate an appropriate policy in the matter pertaining to the grant of auto-rickshaw permits in the State; AND WHEREAS the Transport Department has since considered the matter afresh taking into view different aspects in respect of such grant of permits to autorickshaws, namely, safety and security of the passengers in the context of growing rate of road accidents, traffic congestion as well as the volume of traffic in different roads in the State. Now, therefore, in consideration of all these aspects and in pursuance to the orders of the Hon'ble High Court, the Governor is pleased to direct that the following guideline should be followed in respect of granting of 3-wheeled Auto-rickshaw permits in this State : 1. No new auto-rickshaw permits should be granted in routes and areas falling within the jurisdiction of Kolkata Metropolitan Area; 2. No new auto-rickshaw permit should be granted in routes and areas covering more than one district; 3. No new auto-rickshaw permit will be allowed on National Highways except crossing such NHs at recognized points;;