CWP No.6001 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C. W. P. No. 6001 of 2009
Date of Decision: 21 - 10 - 2009
The Dilkhush Co-operative Transport Society Ltd. ....Petitioner
v.
State Transport Appellate Tribunal, Haryana ....Respondents
and others
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.H.S.Sawhney, Sr. Advocate with
Mr.Vikas Singh, Advocate
for the petitioner.
Mr.Sanjeev Kaushik, Addl.A.G., Haryana.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present writ petition has been filed by Dilkhush Co-
operative Transport Society Ltd., Mamidi District Yamunanagar through its
President Tarsem Singh. It is not disputed that petitioner was granted one
regular stage carriage permit on route No.20 in Yamunanagar district from
Jagadhri to Khizrabad via Buria, Shahzadpur, Jairampur, Devdhar, Bhur
Kalan, under 1993 Scheme. Further this route was extended from Jagadhri
to Khizrabad via Chhachhroli. Case of the petitioner is that a bridge
between Buria and Shahzadpur being in dilapidated condition has become
unmotorable. This fact has also been accepted by counsel for the State.
CWP No.6001 of 2009 [2]
As this Court directed respondent No.5 – Chief Engineer, PWD B&R,
Haryana to file its response. Executive Engineer, Jagadhri Provincial
Division, PWD B&R Yamuna Nagar has filed written statement on behalf
of respondent No.5. It has been admitted in the written statement that route
on which the petitioner had to ply its vehicle, has become unmotorable and
it will take two years to carry out the repairs and do up-gradation of the
road. Taking this fact into consideration that the route has become
unmotorable, petitioner was granted route No.38. This route was granted on
temporary basis till original route No.20 becomes motorable. Petitioner is
aggrieved against the impugned order, Annexure P6 whereby the alternative
route No.38 allotted to the petitioner has been cancelled and he has been
directed to operate on route No.20.
Counsel for the petitioner has relied upon a Division Bench
decision of this Court rendered in Civil Writ Petition No.11560 of 1999,
decided on 14.10.1999, wherein it was held as under:-
“The writ petition is disposed of in the manner indicated
above with the direction that the respondents shall carry out
fresh survey within two months in accordance with the
observations made above and as soon as the Executive
Engineer, Provincial Division, PWD (B&R) Narwana certifies
that the road has become motorable, the temporary permits of
the petitioners shall come to an end. Till then the petitioners
shall be allowed to continue to ply buses on the temporary
route.”
Counsel for the petitioner has also relied upon a Division Bench judgment
of this Court in Civil Writ Petition No.4999 of 2001, titled `The Mor
CWP No.6001 of 2009 [3]
Modern Cooperative Transport Society Limited, Bass and another v. The
State Transport Commissioner, Haryana and another’, Decided on
3.12.2001.
Counsel for the State has admitted that it will take two years
time to construct the bridge as per written statement filed on behalf of
respondent No.5. Taking these facts and circumstances into consideration
and ratio of law and earlier directions given in Annexures P9 and P10, the
present writ petition is disposed of with a direction that petitioner will be
allowed to operate on route No.38 till route No.20 becomes operational.
( KANWALJIT SINGH AHLUWALIA )
October 21, 2009. JUDGE
RC