- (1.) In this rule the petitioners have impeached a resolution of the Regional Transport Authority dated 19tb December 1974, whereby the existing bus fares of several routes have been reduced.
(2.) The petitioners No. 1, viz, Bus Owners Samannoy Committee, is an association, which has alleged to have more than 600 stage carriage operators and bus owners as members, including the other petitioners viz., petitioners Nos. 2 to 6. The petitioner No. 2 is an operator in route from Belpahari to Midnapore, the petitioner No. 3 operates from Tamluk to Midnapore, petitioner No. 4 is an operator in the route from Tamluk to Geonkhali, petitioner No. 5 plies in the route from Jhargram to Digha and petitioner No. 6 is a plier in the route from Borda to Midnapore.
(3.) Under section 4A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) the State Government has constituted the respondents in the instant case, for the purposes of discharging their duties, obligation and functions under the said Act and under section 43 of the same the State Government is also empowered to issue directions on those authorities regarding fixation of fares of stage carriages, under section 48. There is also no dispute that under section 48 of the said Act, the Regional Transport Authority concerned is authorised to direct the stage carriages operators to charge fares in accordance with the fare table as approved by them. The observance of the said fare table under section 59 of the said Act is a condition precedent in cases of stage carriage operators and for any violation or breach of the same, they are punishable with suspension or cancellation of their permits under section 60 of the said Act. It has also been alleged by the petitioners that in terms of the provisions as mentioned hereinbefore, fares for the stage carriages for the concerned routes were initially fixed about 30 years back and in the year 1964, in a meeting of the Regional Transport Authority concerned, the issue regarding conversion from miles to kilometer and from pice to Naya Paisa was duly considered and the fares for such stage carriages were fixed at 2.75 paise per kilometer per passenger. The petitioners have alleged that such fixation of fare was in operation for a long time and since there was no change in the said fare structure, the petitioners amongst other operators, suffered immense loss because of the rise in the price of buses, spare parts, fuel and other overhead expenditure for running those buses. They have alleged to have made series of representations for the purpose of having the revision of such fare structure on consideration of the factors as mentioned herein above. The petitioners have stated that pursuant to such representations and also because of the representations made by other operators in other routes all over the West Bengal, a Commission which is popularly known "Banerjee Commission" with Hon'ble Mr. Justice Binayak Nath Banerjee, a retired Judge of the Calcutta High Court, as the sole member, was set up by the State of West Bengal for the purpose of enquiring into the issues as were referred to before him and to make his report. The petitioners have also contended that after careful consideration of all the relevant factors, the said Banerjee Commission in or about 1973 recommended a rate of 3.75 to 4 paise per kilometer per passenger for the district of Midnapore. The petitioners have further alleged that even after the making of the recommendations by the said Commission, there has been a further increase in the cost of running the stage carriages because of rise in the Government duties and taxes, further increase in the price of spare parts and fuel, apart from the fact that the operators, because of the bad condition of the roads are required now to spend more on account of maintenance of their vehicles and to keep them viable. These apart, the petitioners have also contended that the cost of running the stage carriages have also increased further because of the enhanced rate of insurance premium, road taxes and other charges. The petitioners have further stated that in view of the subsequent rise in the cost of the running of the stage carriages they have also made due demand and representation to the authorities concerned for further increase in the rates of fares.;