- (1.) The petitioners who are transporters operating contract carriages registered with Chandigarh Administration, have filed the instant petition with their grievance which is directed at enhancement of permit fee of AC/Non-AC Buses to Rs.5000/- and Rs.8000/- per annum respectively on the ground that it is highly exorbitant and disproportionate to the corresponding facilities which are being offered by the Union Territory, Chandigarh.
(2.) At the outset, learned counsel for the petitioners did not contest the power of the Administration to enhance the permit fee, but restricted his challenge to the notifications dated 1.8.2008 and 27.2.2009 (Anneuxres P-4 and P-5 respectively) by which the draft rules have been formulated prescribing the said fee and then a final decision affirming the draft proposal has been effected. It has been contended by him that on an earlier occasion, CW.P. No.10358 of 2009 was filed which was also disposed of as it was projected before the Court that the matter was being re-considered.
(3.) In the reply submitted by respondents 2 and 3 on behalf of the the Chandigarh Administration, it was stated that before a final notification was issued in the official Gazette, a draft notification dated 16.7.2008 was issued and widely publicized in the local papers and objections and suggestions were invited from the affected parties. The petitioners did not submit any objections at that point of time which led to the publication of the final notification dated 1.8.2008 Anneuxre P-4 giving effect to the enhancement of permit fee. It has further been stated that the permit fee was last revised in the year 1990 and after 18 years, the enhancement has been done which cannot be termed to be arbitrary considering that almost two decades have passed before any revision in this regard was made.;