- (1.) Since all the above noted writ petitions raise a common question of facts and law, they are taken up for hearing analogously and are being decided by this common judgment and order. In all the writ petitions, except WP 11961(W) of 2015, Mr. N.I. Khan, Ld. Counsel appears for the petitioner. The State-respondents are represented respectively by Sri Amal Kr. Sen, Ld. Senior Government Advocate, Sri Arabinda Chatterjee, Ld. Senior Counsel with Sri Lal Mohan Basu, Sri Sabyasachi Mondal, Sri Khairul Alam and Ms. Ashima Das (Sil), Ld. Counsel. Sri Shyamal Mr. Das, Ld. Counsel appears for the petitioner in WP 11961(W) of 2015. Arguing WP 2573(W) of 2015, Mr. Khan submits that the petitioner is an applicant in respect of a permanent stage carriage permit for route no. 18 and its variants. The petitioner applied on 7th November, 2014 for the permit and was favoured with an offer letter pursuant to a meeting of the Regional Transport Authority (for short RTA) Board, Kolkata on the 15th of December, 2014. Thereafter by memo dated 19th December, 2014 the Secretary, RTA, Kolkata issued an offer letter in favour of the petitioner asking her to comply with the terms and conditions mentioned therein within a period of 60 days from the date of issue of such offer letter.
(2.) Mr. Khan complains of the fact that by the offer letter dated 19th December, 2014 the petitioner was required to produce a Bharat Stage (for short BS) IV emission compliant vehicle. Mr. Khan argues that the route no. 18 along with its variants is aligned in a fashion that one point of terminus is originating in the Kolkata Metropolitan area while the other terminus is placed outside the Kolkata Metropolitan area. Relying heavily on a Transport Department, Govt. of West Bengal Notification, dated 7th August, 2012 (for short the 2012 Notification), Mr. Khan points out that the Central Government Notification dated 9th February, 2009 in respect of BS IV norms regulating mass emission standards became applicable to the city of Kolkata along with other metropolitan cities with effect from 1st April, 2010. However, BS III norms are still applicable for areas outside the city of Kolkata and within the State of West Bengal. Relying on Schedule II pertaining to grant of new permits under the 2012 Notification Mr. Khan further points out that in respect of Stage Carriage Permits having one terminus within Kolkata Municipal Corporation area and areas under Salt Lake and Lake Town Police Station and another terminus outside the areas as specified above, BS III norms will apply meaning thereby, intending permit holders will be eligible to obtain a permit on production of a BS III compliant vehicle. Ld. Counsel for the petitioner also points out that BS III will apply for the whole of West Bengal except Kolkata Municipal Corporation area and the areas under Salt Lake and Lake Town Police Stations. Only in respect of both termini being within the Kolkata Municipal Corporation area and the areas under Salt Lake and Lake Town Police Station, BS IV norms will apply. On the strength of the above noted facts Mr. Khan argues that in several of the variants of route no.18 one terminal point is located within the Kolkata Metropolitan area and other is outside the Kolkata Metropolitan area.
(3.) Furthermore, relying on the affidavit-in-reply filed on behalf of the writ petitioner to the affidavit-in-opposition of the Staterespondents, Mr. Khan submits that the alignment of the route no. 18 has been subsequently modified from the original Sarsuna to Esplanade now from Sarsuna Park to Unitech Housing, New Town Bus Stand. Similarly, route no. 18B has been modified from the original alignment of Sakuntala Park to Baghmari Park to now Dakghar to Bagmari Bazar. Mr. Khan strongly argues having regard to the above noted modification of the route alignment to route no. 18 and maximum number of its variants, it will be noticed that one of the terminal points is invariably outside the jurisdiction of the Kolkata Municipal area. Therefore, Mr. Khan submits that the insistence by the RTA, Kolkata in the offer letter issued to the writ petitioner to produce a BS IV vehicle is illegal and de-hors the provisions of the 2012 Notification. Per contra, Sri Amal Kr. Sen, Ld. Senior Government Advocate relying heavily on the affidavit-in-opposition filed on behalf of the State-respondents submits that route no. 18 and its variants are notified routes under Section 71 (3) (a) of the Motor Vehicles Act, 1988 (for short the 1988 Act). Relying on a chart appearing at page 5 of the State's affidavit-in-opposition, Mr. Sen argues that the alignment of route no. 18 was fixed vide notification dated 7th March, 2003. From the fixed alignment as on 7th March, 2003 it transpires that route no.18, 18B and 18C have both their terminal points within the Kolkata Metropolitan area. However, in respect of route nos. 18A, 18A/1, 18B/1 and 18D one of the terminal points is located within the Kolkata Metropolitan area.;