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P. Ramalakshmamma Vs. the Andhra Pradesh State Road Transport Corporation - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtAndhra Pradesh High Court
Decided On
Case NumberWrit Petn. No. 5903 of 1975
Judge
Reported inAIR1978AP3
ActsMotor Vehicles Act, 1939 - Sections 68-F(1-D), 68-F(2) and 68-G
AppellantP. Ramalakshmamma
RespondentThe Andhra Pradesh State Road Transport Corporation
Appellant AdvocateO. Adinarayana Reddy, Adv.
Respondent AdvocateC. Ananda Rao , Standing Counsel
Excerpt:
.....existing permit and there was no need to cancel it - held, petitioner is not entitled for compensation under section 68-g. - - if the transport authorities are satisfied that it is necessary to increase in the public interest the number of vehicles operating in such area or route or portion thereof, they shall issue the temporary permit to state transport undertaking (sub-sec (1-a). that temporary permit will be effective, (a) if the approved scheme is published, until the grand of the permit to the state transport undertaking under sub-sec (1) ,or (b) if the approved scheme is not published, until the expiration of one week from the date on which the order is made by state government approving or modifying the scheme (sub-sec......give effect to the approved scheme , the permit of the petitioner was cancelled by the secretary ,state transport authority , hyderabad , on 26-10-1973 . for the unexpired period of the permit , the petitioner applied to andhra pradesh state road transport corporation for payment of compensation under s. 68g (4) of the motor vehicles act. the corporation rejected the claim of the petitioner on 5-11-75 . thereupon he has filed this writ petition . 2. sri adinarayana reddy, the learned counsel for the petitioner, submits that since the permit of the petitioner was cancelled under s. 68-f (2) (b) of the act, she is entitled for compensation under s. 68- g. sri ananda rao, the learned counsel for the road transport corporation, contends that under the proviso to s. 68-f (1-d), if a permit.....
Judgment:
ORDER

1. The petitioner was plying a stage carriage on the route Chagalamarri to Proddatur via Mydukur . The permit expired on 8-3-1973 . It was renewed for a period of three years , upto 12-3-1976. Meanwhile on 15-11-1972 , the Government published draft scheme to nationalise the route Allagadda to Proddatur via Chagalamarri and Medullar . That scheme was approved by the Government on 22-9-1973 In order to give effect to the approved scheme , the permit of the petitioner was cancelled by the Secretary ,State Transport Authority , Hyderabad , on 26-10-1973 . For the unexpired period of the permit , the petitioner applied to Andhra Pradesh State Road Transport Corporation for payment of compensation under S. 68G (4) of the motor Vehicles Act. The Corporation rejected the claim of the petitioner on 5-11-75 . Thereupon he has filed this writ petition .

2. Sri Adinarayana Reddy, the learned counsel for the petitioner, submits that since the permit of the petitioner was cancelled under S. 68-F (2) (b) of the Act, she is entitled for compensation under S. 68- G. Sri Ananda Rao, the learned counsel for the Road Transport Corporation, contends that under the proviso to S. 68-F (1-D), if a permit expires after the publication of a scheme it may be renewed for a limited period, but the renewed permit will cease to be effective on the publication of the approved scheme and no compensation need to be paid.

3. In order to decide this question, it is necessary to refer to the relevant provisions of the Act. Chapter IV-A of the Motor Vehicles Act deals with special provisions relating to State Transport Undertakings. By virtue of S. 68-B, the provision of the Chapter IV-A override Chapter IV and other laws. Section 68-C empowers the State Transport Undertakings to prepare and publish a scheme. Under S. 68-D (1) , objections can be filed to the scheme before the State Government Under sub-sec. (2), the State Government after considering the objections and hearing the parties, can approve or modify the scheme. Under sub-sec. (3) the scheme as approved or modified is published in the Official Gazette by the State Govt. and thereafter it becomes final and is called the approved scheme and the area or route to which it relates is called the notified area or notified route. Section 68-C relates to cancellation or modification of the scheme. Section 68-F is important. Under S. 68-F, pursuant to an approved scheme, if any State Transport Undertaking applies for a stage carriage permit in respect of a notified area or a notified route, the transport authorities shall issue such permit to the State Transport Undertaking, ( Sub-sec (1) ). When a scheme is published by a State Transport Undertaking under S. 68-C, the Undertaking can apply for a temporary permit for the period intervening between the date publication of the scheme and the date of publication of the approved or modified scheme. If the Transport Authorities are satisfied that it is necessary to increase in the public interest the number of vehicles operating in such area or route or portion thereof, they shall issue the temporary permit to State Transport Undertaking (Sub-sec (1-A). That temporary permit will be effective, (a) if the approved scheme is published, until the grand of the permit to the State Transport Undertaking under sub-sec (1) , or (b) if the approved scheme is not published, until the expiration of one week from the date on which the order is made by State Government approving or modifying the scheme (Sub-sec. (1-B). If no application for a temporary permit is made by the State Transport Undertaking, the Transport Authorities may grant temporary permit to private person. But that will cease to be effective on the issue of a permit to the State Transport Undertaking. (Sub-sec. (1-C). Sub-sec. (1-D) reads as follows :

'Save as otherwise provided in sub-section (1-A) or sub-sec. (1-C), no permit shall be granted or renewed during the period intervening between the date of publication , under S. 68-C of any scheme and the date of publication of approved or modified scheme ,in favour of any person for any class of road transport service in relation to an area or route or portion thereof covered by such scheme; provided that where the period of operation of a permit in relation to any area , route or portion thereof specified in a scheme published under S. 68-C, expires after such publication such permit may be renewed for a limited period , but the permit so renewed shall cease to be effective on the publication of the scheme under sub-sec. (3) of S. 68-D.'

4. In view of this sub-section ,no permit shall be granted or renewed in favour of any person during the period between the date of publication of a scheme and the date of the publication of the approved or modified scheme . But where the period of his permit expires after the publication of the scheme , it may be renewed for a limited period ,but the permit so renewed shall cease to be effective on the publication of the scheme . These provisions are mandatory . In view of these provisions , I am of the opinion that the permit of the petitioner which expired on 15-11-1972 , should not have been renewed for the statutory minimum period of three years. it should have been renewed only far a limited period . Even otherwise ,the renewed permit of the petitioner will cease to be effective on the publication of the approved scheme on 22-9-1973 .

5. But the learned counsel for the petitioner relies upon sub-sec. (2)of S.68-F and submits that the petitioner is entitled for compensation since his existing permit was cancelled. Sub-sec (2), to the extent it is relevant , says that for the purpose of giving effect to the approved scheme in respect of a notified area or notified route , the State Transport Authority or the concerned Regional Transport Authority may cancel an existing permit ineffective beyond a specified date. I am of the opinion that in the context, 'existing permit' means permit granted before the date of the publication of the scheme and subsisting on the date of approved scheme but not a permit that has been renewed during the period between the date of publication of the draft scheme and the date of the publication of the approved or modified scheme . A permit renewed during that interregnum ceases to be effective on the publication of the approved scheme . If so , it cannot be an existing permit after the scheme is approved . To be an existing permit after the scheme is approved ,it must also be an effective permit . Any other interpretation will render sub-sec (1-D) meaningless and otiose .

6. Briefly put, the scheme it this :

( I ) Between the dates of publication of the draft scheme and the approved scheme.

(a) The State Transport Undertaking can apply for a temporary permit in respect of any area, or route or portion thereof specified in the scheme and it can be given. That permit is effective until a regular permit is granted to the undertaking after the publication of the approved scheme. If the approved scheme is not published it will be effective until the expiration of one week from the date on which the order is made by the Government approving the scheme.

(b) If the State Transport Undertaking does not apply for a temporary permit, a private person can apply for it. If it is granted to him, it will cease to be effective on the issue of a permit to the State Transport Undertaking after the approval of the scheme.

(c) No permit shall be granted or renewed during the period, in favour of a private person; but there is one exception. If his permit expires after the publication of draft notification it can be renewed only for a limited period but it will cease to be effective on the publication of the approved scheme.

( II ) After the publication of the approved scheme.

(a) A permit shall be granted only to the State Transport Undertaking.

(b) If the State Transport Undertaking does not apply for a permit, only a temporary permit can be granted to a private person, but it cease to be effective on the issue of a permit to the State Transport Undertaking ( Sec. 68-FF ).

(c) For giving effect to the approved scheme, the Transport Authorities may (1) refuse to entertain an application for grant or renewal of any other permit or reject any such application as may be pending, (2) cancel any existing permit or (3) modify the terms of an existing permit ( sub-sec. (2) of S. 68-F).

(d) If an existing permit is cancelled or its terms modified, compensation has to be paid under S. 68-G.

7. In this case, the permit of the petitioner was renewed under S. 58 for the statutory minimum period of three years. It should not have been done, in view of S. 68-B and sub-sec. (1-D) of S. 68-F. It should have been renewed only for a limited period under sub-sec. (1-D). We have to take it that the renewed permit of the petitioner ceased to be effective on the publication of the approved scheme on 22-9-1973. Consequently, there was no need to cancel it. Even if it was cancelled by the State Transport Authority, it is not the cancellation of an 'existing permit' under sub-sec. (2) of S. 68-F. If so, S. 68-G is not attracted.

8. In view of the foregoing discussion, I hold that the renewal of the permit granted to the petitioner ceased to be effective on the publication of the approved scheme on 22-9 -1973, that it was not an existing permit and there was no need to cancel it and, therefore, the petitioner is not entitled for compensation under S. 68-G of the Act.

9. In the result, I dismiss this writ petition, but in the circumstances of the case without costs . Advocates fee Rupees 156/-.

10. Petition dismissed.


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