- (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 and Ors. (in re: W.P. 509 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)" In compliance of the above judgment, the respondent No.2 adopted a resolution in respect of the above application of the petitioner in its meeting dated April 21, 2004. By virtue of the above resolution the respondent No.2 decided to grant permit in favour of the petitioner on the route from Digha to Howrah (New Bus Terminus) subject to submission of detailed route alignment and on production of new vehicle (BS -II emission norms complaint). The above resolution is set out below: - "Smt. Labany Shee WP No.509 (W) of 2004 (Route: Solepatta to Calcutta via Egra, Contai, Bajkul, NH -41, NH - 6, Howrah Rly. Stn.) In compliance with the order of the Hon'ble High Court, Calcutta dated 23.3.2004 in the above writ petition, the petitioner was call on for the hearing. On behalf of the petitioner his advocate represented. The matter was heard and considered. After discussion STA, West Bengal has decided to grant permit in favour of the writ petitioner from Solepatta to Howrah New Bus Terminus subject to submission of detailed route alignment; production of new BS -II emission norms vehicle and the vehicle should be registered in her own name. The reason behind it is that it is desirable to avoid entry to Kolkata on grounds of traffic congestion and vehicular / air pollution in the city of Kolkata and Howrah. In compliance with the order dated 21.11.2003 passed by the Hon'ble High Court Kolkata in GA No.568 of 2002, APOT No.83 of 2002 M/s Sankar Automobiles and Others, a Committee was constituted vide Notification No.44 -WT/7E -1497/2003 dated 2.1.2004 by State of West Bengal for examination of Roads space, availability of halting space and terminus; assess the accommodation of buses; the load of staff attached to those buses; taking stock of different termini at different places; shifting and opening of new terminus at the outskirts of the city and other considerations etc. and submit recommendation to the State Government within three months for adopting a comprehensive passenger transport policy.";