- (1.) This writ application is directed against a resolution dated December 17, 2013, adopted in respect of Agenda No.11 in the meeting of the respondent No.2. By virtue of the impugned resolution the respondent No.2 approved the application of the petitioner for granting permanent stage carriage permit in her favour to ply her vehicle (bus) on the route from Digha/Solepatta to Salt Lake Karunamoyee without touching the areas restricted under notification No.3438-WT/3M-139/2004 dated August 2, 2004, i.e. the Central Business District, viz. Esplanade and Band Stand in Kolkata and Howrah Station and approaching areas of Howrah Bridge (Rabindra Setu). There was a direction upon the petitioner to submit sketch showing the route alignment before obtaining offer letter.
(2.) In order to adjudicate the issues involved in this writ application, the backdrop of this case is taken up for consideration as follows:- The petitioner submitted an application dated January 7, 2004, for granting State permanent stage carriage permit in her favour to ply her vehicle (bus) on the route from Solepatta to Kolkata. The above application of the petitioner was rejected by the respondent No.2 by adopting a resolution in its meeting dated February 18, 2004 (Item No.34/12). The operative portion of the above resolution is quoted below:- "Considering inadequate space in the existing bus stand for halting more buses, the magnitude air/vehicular pollution, traffic congestion and insufficient road space to bear further traffic load in Kolkata and Howrah, State Transport Authority, West Bengal, therefore, resolved to reject the prayer of the applicant for grant of permit on the route Solepatta to Kolkata via Egra, Contai, Bajkul, N.H. 41, N.H. 4, Howrah Stn, on the ground that the further entry of state carriage services in Kolkata/Howrah will aggravate the present traffic congestion and vehicular pollution and disrupt the smooth traffic flow of Kolkata."
(3.) The petitioner filed an application under Article 226 of the Constitution of India in the matter of Smt. Labanya Shee Vs. State of West Bengal & Ors. (in re: W.P. 502 of 2004). By virtue of a judgment dated March 23, 2004 delivered in the matter, the above resolution dated February 18, 2004 (Item No.34/12) was set aside. The relevant portions of the above judgment are set out below:- "In this case, no material has been placed before this Court by the said authority showing existence of any such notification, I thus find that the Transport Authority acted without jurisdiction in refusing the permit to the petitioner on the grounds mentioned above. I thus set aside the order refusing the permit to the petitioner and direct the transport authority to reconsider the application of the petitioner on merit and while re-considering such application, the grounds mentioned above should not be taken into consideration again. Only in the case of deficiency of the petitioner, his prayer for permit can be dismissed. The respondent authority at any rate should take a decision within a month from the date of communication of this order and should communicate such decision to the petitioner within a week thereafter. The writ application is thus disposed of with the above directions. There will be no order as to costs. All parties concerned are to act on a xeroxed signed copy of this Dictated order on the usual undertaking. Sd/- (Bhattacharya, J)";