ORDER
Mridula Mishra, J.
1. Heard Counsel appearing on behalf of the petitioner and State.
2. Counter affidavit has been filed on behalf of the respondents. The petitioner has challenged the decision of the Regional Transport Authority, Darbhanga, confirming the resolution dated 23-6-2006 (Annexure-13) relating to Musharigharari Bus Stand. By this decision, Reserve Jama for the settlement of bus stand established on the Raiyati land of the petitioner has been enhanced in the midst of the settlement and it has also been resolved that the settlement may be made by open bid.
3. Petitioner’s case Is that under the provisions of the Bihar Motor Vehicles Act and Rules, a proposal came for establishing bus Stand at Musharigharari, offers were invited. Petitioner offered his Raiyati land for establishing bus stand as provided under Section 117 of the Motor Vehicles Act, 1988 and Rule 191 of the Bihar Motor Vehicles Rules 1992. Petitioner was selected for this purpose and at total Reserve Jama with total charges amounting to Rs. 3,73,248/-, it was settled in favour of the petitioner and Parwana was issued on 4-4-2005. Subsequently, on 23-6-2006 petitioner also paid annual fee for the financial year 2006-07 and on the same date, a resolution was passed by the Regional Transport Authority, Darbhanga, enhancing the Reserve Jama of” the Bus Stand and also to settle the Bus Stand on open bid. Petitioner is aggrieved by this resolution.
4. It has been submitted by the petitioner that so far enhancement of Reserve Jama by 15% is concerned, he is ready to make payment but main grievance of the petitioner is against the resolution regarding settlement of Bus Stand, through open bid, which is established over Private Raiyati land of the petitioner.
5. Section 117 of the Motor Vehicles Act 1988, and Rule 191 of the Bihar Motor Vehicles Rules, 1992, provided for establishing parking places and halting stations. It envisages that the State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authorities having jurisdiction in the area concerned, which has been placed at Motor Vehicles Act, may stand either indefinitely or for specified period of time, and may determine the places at which public service vehicles may stop for a longer time, then is necessary for taking up and setting down all passengers. The mode for establishing such halting places and halting stations has been provided under Rule 191 of Bihar Motor Vehicles Rules 1992. Under this rule it has been stated that the parking place and halting stations can be notified even on privately owned land with the consent in writing of the owner thereof. Rule 191 Sub-rule (2)(iii)(iv) and (v) deals with appointing Manager and their duties of a bus stand/ parking place/halting stations, established under Section 117 of M.V. Act.
6. Under each clause there are two provisions; firstly if the halting place and halting station has been established on a private land and secondly if it is on a public land. From these provisions it is amply clear that if any one offers his private land for establishing bus stand, in that case, the management of that parking place and halting station of the Bus Stand will be given to the owner of the land. Under Rule 191, there is no provision for making payment of any rent to the land owner if parking place/halting station is established on private land accept that the management of the parking place and halting station will be given to the owner of the land.
7. Counsel appearing for the State considering the Rule 191 Sub-rule (2)(iii), (iv) and (v), has submitted that the resolution of Regional Transport Authority, Darbhanga is not violative of any of the provisions under this rule as in specific words it is not mentioned that management of halting station/parking place erected on a private land must be settled with the land owners and it cannot be made through open bid.
8. I find this submission is contrary to the provision envisaged under Rule 191(2)(iii)(iv) and (v) of the Motor Vehicles Rules. Under the rule clearly two provisions for maintaining parking place, halting station, on public land and private land have been mentioned. Management in case of bus stands/halting stations/parking place on Private land, management is to be given to the land owner. Considering this, settlement of such Bus Stands cannot through open bid.
9. So far the enhancement of Reserve Jama is concerned, as per rule, enhancement can be made @ 15% and for that the petitioner cannot have objection.
10. I find that rightly part of the resolution has been objected by the petitioner, whereby the settlement of the Bus Stand erected on Private Raiyati land of the petitioner is going to be settled through the open bid. This part of the resolution is inviolative of Rule 191(2)(iii), (iv) and (v) of the Bihar Motor Vehicles Act 1992. Accordingly, part of the resolution dated 23-6-2006 (A-B) relating to Musrigharari bus stand is quashed. The respondents authority is directed to settle the Bus Stand in favour of the petitioner as provided under Rule 191(2), (iii), (iv) and (v) of Bihar Motor Vehicles Rules at 15% enhanced Reserve Jama, for the coming financial years.
11. Accordingly, this application is allowed.