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DECISION OF THE R T A, VATAKARA HELD ON 05.05.2015
AT COLLECTORATE CONFERENCE HALL, KOZHIKODE.
Present:
1.
Sri. N. Prasanth, IAS,
District Collector and Chairperson,
Regional Transport Authority,
Vatakara.
2.
Sri. P H Ashraf, IPS,
Superintendent of Police (Rural)
Kozhikode and Member,
RTA, Vatakara.
3.
Sri. Narayanan Potti. S N,
Deputy Transport Commissioner,
North Zone, Kozhikode and Member,
RTA, Vatakara
Item No: 01
Heard. Regular stage carriage permit granted to S/C KL 56 L 3929 subject
to settlement of timings as per the Circular D3/875/STA/2011.
Item No: 02
Heard. Regular stage carriage permit granted to S/C KL 18 2070 subject
to settlement of timings as per the Circular D3/875/STA/2011.
Item No: 03
Heard. Regular stage carriage permit granted to S/C KL 08 AG 3692
subject to settlement of timings as per the Circular D3/875/STA/2011.
Item No: 04
Heard. Regular stage carriage permit granted to S/C KL 11 Q 3087
subject to settlement of timings as per the Circular D3/875/STA/2011.
Chairman
Member – 01
Member - 02
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Item No: 05
Heard. Regular stage carriage permit granted to KSRTC bus KL 15 7479
with the set of timings submitted.
Item No: 06
Heard. Temporary permits granted to KSRTC buses KL 15 4501, KL 15
5075, KL 15 4639, KL 15 4260 and KL 15 7769 with the set of timings submitted.
Item No: 07
Heard. Granted concurrence for renewal of permit.
Item No: 08
Heard. Nature of permit in this case is Super Fast Service. As per GO (p)
No.73/2013/Trans. Dtd. 16-7-2013 issued as SRO No.555/2013 Government had
approved a scheme specifying that Fast Passenger Services, Super Express,
Super Deluxe and Luxury services should be run and operated by the State
Transport undertaking and excluding the Private stage carriage services by
invoking powers conferred by sub section (3) of Section 100 of MV Act 1988. The
Hon'ble High Court in Common order dt. 23.12.2014 in IA- 1311/2014 in WA No.
667/2014 has held that a super class permit issued to a private bus is cease to
be effective on the date on which KSRTC commences operation on the very
same route. Hence the Secretary, RTA is directed to ascertain whether the
applied permit has been taken over by KSRTC or not. Hence adjourned.
Item No: 09
Heard. Granted concurrence for renewal of permit.
Item No:10
Heard. Granted concurrence for renewal of permit.
Item No:11
Heard. Granted concurrence for renewal of permit.
Item No:12
Heard. Granted concurrence for fresh permit.
Chairman
Member – 01
Member - 02
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Item No:13
Heard. Granted concurrence for renewal of permit.
Item No:14
Heard. Granted concurrence for renewal of permit.
Item No:15
Heard. Granted concurrence for renewal of permit.
Item No:16
Heard. Nature of permit in this case is Super Fast Service. As per GO (p)
No.73/2013/Trans. Dtd. 16-7-2013 issued as SRO No.555/2013 Government had
approved a scheme specifying that Fast Passenger Services, Super Express,
Super Deluxe and Luxury services should be run and operated by the State
Transport undertaking and excluding the Private stage carriage services by
invoking powers conferred by sub section (3) of Section 100 of MV Act 1988. The
Hon'ble High Court in Common order dt. 23.12.2014 in IA- 1311/2014 in WA No.
667/2014 has held that a super class permit issued to a private bus is cease to
be effective on the date on which KSRTC commences operation on the very
same route. Hence the Secretary, RTA is directed to ascertain whether the
applied permit has been taken over by KSRTC or not. Hence adjourned.
Item No:17
Heard. Nature of permit in this case is Super Fast Service. As per GO (p)
No.73/2013/Trans. Dtd. 16-7-2013 issued as SRO No.555/2013 Government had
approved a scheme specifying that Fast Passenger Services, Super Express,
Super Deluxe and Luxury services should be run and operated by the State
Transport undertaking and excluding the Private stage carriage services by
invoking powers conferred by sub section (3) of Section 100 of MV Act 1988. The
Hon'ble High Court in Common order dt. 23.12.2014 in IA- 1311/2014 in WA No.
667/2014 has held that a super class permit issued to a private bus is cease to
be effective on the date on which KSRTC commences operation on the very
same route. Hence the Secretary, RTA is directed to ascertain whether the
applied permit has been taken over by KSRTC or not. Hence adjourned.
Item No:18
Heard. Granted concurrence for renewal of permit.
Item No:19
Heard. Granted concurrence for renewal of permit.
Chairman
Member – 01
Member - 02
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Item No:20
Heard. Granted concurrence for renewal of permit.
Item No:21
Heard. Granted concurrence for renewal of permit.
Item No:22
Heard. Transfer of permit is allowed as applied for.
Item No:23
Heard. Transfer of permit is allowed as applied for.
Item No:24
Heard. Transfer of permit is allowed as applied for.
Item No:25
Heard. Transfer of permit is allowed as applied for.
Item No:26
Heard. Transfer of permit is allowed as applied for.
Item No:27
Heard. Transfer of permit is allowed as applied for.
Item No:28
Heard. Transfer of permit is allowed as applied for.
Item No:29
Heard. Transfer of permit is allowed as applied for.
Item No:30
Heard. Transfer of permit is allowed as applied for.
Item No:31
Heard. Transfer of permit is allowed as applied for.
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Member – 01
Member - 02
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Item No:32
Heard. Transfer of permit is allowed as applied for.
Item No:33
Absent . Hence adjourned.
Item No:34
Heard. Transfer of permit is allowed as applied for.
Item No:35
Heard. Transfer of permit is allowed as applied for.
Item No:36
Heard. Transfer of permit is allowed as applied for.
Item No:37
Heard. Transfer of permit is allowed as applied for.
Item No:38
Heard. Transfer of permit is allowed as applied for.
Item No:39
Heard. Transfer of permit is allowed as applied for.
Item No:40
Heard. Transfer of permit is allowed as applied for.
Item No:41
Heard. Transfer of permit is allowed as applied for.
Item No:42
Heard. Transfer of permit is allowed as applied for.
Item No:43
Heard. Transfer of permit is allowed as applied for.
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Member – 01
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Item No:44
Heard. Transfer of permit is allowed as applied for.
Item No:45
Heard. Nature of permit in this case is Super Fast, As per GO (p)
No.73/2013/Trans. Dtd. 16-7-2013 issued as SRO No.555/2013 Government had
approved a scheme specifying that Fast Passenger Services,Super Express,
Super Deluxe and Luxury services should be run and operated by the State
Transport undertaking and excluding the Private stage carriage services by
invoking powers conferred by sub section (3) of Section 100 of MV Act 1988. The
recent order from No.10689/B1/2014,Trans it is stated that The Regional
Transport Authority shall not issue any new permits in the routes covered by the
above Schemes until further orders. Hence adjourned subject to the decision of
the Hon’ble High Court in the pending cases in the matter.
Item No:46
Heard both the applicant and the representative of KSRTC. Perused the
Order of Hon’ble High in (1) WPC 15934/14 & 12025/15 (2) Government Letter
NO. 10689/13, 10689/14 dated 17.07.14 & 20.12.2014. The regular permit on
the route Chettakandipalam – Kozhikode(via) Kuttiadi, Perambra and Atholi
covering a distance of 74 Kms was originally granted to the applicant in 1993 as
Fast passenger Service, much before the insertion of definition to the various
classes of Stage Carriage Services viz Ordinary, Fast Passenger and higher
Classes, based on the distance of the routes operated by such services vide G.O
(P) no. 4/99/Tran dated 01.12.1999. Even after the introduction of the said GO,
the permit in question was renewed up to 20.06.2014 since the Fast Passenger
Service as defined in the GO was one operating on a route having a distance of
not less than 70 Kms and not more than 160 Kms. In the meantime the
government approved a scheme under section 100 of the M.V Act, 1988
restricting the eligibility of operation of Fast Passenger Service and higher
classes to the State Transport undertaking alone as per G.O (P) No.
73/2013/Tran dated 16.07.2013.
Before the finalisation of the restrictive scheme dated 16.07.2013 referred
above, the applicant had made request for conversion of his ‘Fast Passenger
Service’ as ‘Limited Stop Ordinary Service’ (herein after termed as LSOS).
Application for renewal of the permit was also submitted in time on 19.05.2014.
Temporary permit u/s 87(1)(d) was issued up to 15.02.2015 and further operation
was banned on the direction of the Hon’ble High Court in various Writ Petitions
challenging the validity of the above said scheme. Subsequently the Hon’ble
High Court upheld the validity of the scheme confining the operation of Fast
Passenger Service and higher classes only by State Transport undertaking vide
judgement dated 03.07.2014 disposing of various writ petitions (Reported in
2014(2) KLT 135).
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Member – 01
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In this backdrop the Hon’ble High Court in its judgement dated 04.07.2014
in W.P (C) No. 15934/2014 has directed to consider the pending requests of the
applicant for conversion of his Fast Passenger Service as LSOS, renewal of
permit as LSOS and grant of temporary permit for 20 days.
The applicant and the representative of KSRTC were heard. The main
contentions of the applicant are :
A. At the time of original grant of permit in 1993 and during subsequent
renewal of permit there was no restriction for granting or renewing Fast
passenger permit to a private operator. On promulgation of the scheme
excluding private operators from obtaining permit for Fast Passenger
Service and higher classes of service, necessary request for conversion of
Fast Passenger service as LSOS was promptly submitted.
B. The term ordinary service is defined as per Rule 2(oa) of the KMV Rules
as one operating on a route having a distance of not more than 140 Kms
and hence there is no legal impediment in allowing the request for
conversion of the service as ‘LSOS’. The distance of the instant route is
only 74 Kms. Moreover the scheme does not prohibit conversion of class
of service. The restriction imposed vide clauses (2) & (3) of the scheme is
against grant or renewal of Fast Passenger Service and higher classes of
service, but not ordinary service.
C. In pursuance of an approved scheme under Section 100 of the M.V.Act,
the State Transport undertaking has to apply for permit under subsection
(1) of section 103 of the Act read with Rule 240 of the KMV Rules in the
prescribed form P.St.S.A(STU). Against item No. 3 of this prescribed form,
the detail of the relevant approved scheme has to be shown. In the instant
case, KSRTC has not taken over the particular permit following the
prescribed procedure. Even if KSRTC gets a permit against the service of
the applicant, it would only be of a Fast Passenger Service. The request of
the applicant is conversion of the permit as LSOS for which KSRTC does
not have any preferential claim.
D.
The representative of the KSRTC strongly objects the conversion of the
class of service as LSOS and consequent renewal of permit as LSOS holding
that KSRTC conducts several services covering the route of the applicant’s
service.
The KSRTC has not provided any proof to substantiate their case of taking
over the instant permit as provided under Section 103(1) of the MV Act read
with Rule 240 of the KMV Rules.
Excerpts from the Government letter 10689/B1/14/Tran dated 20.12.2014
read as “The CMD KSRTC reported that the private operators can be
permitted to operate such service consequent to the expiry of the temporary
permits issued to them as per the directions contained in the Government
Chairman
Member – 01
Member - 02
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letter dated 17.07.2014 and this will not be against the interest of the KSRTC
also.
As the applicant applied for conversion of service as LSOS and the
distance of the route is only 74 Kms which is well within the ambit of
permissible distance of the ordinary service.
Considering the above
mentioned details, the conversion of service as LSOS is allowed and renewal
of permit as LSOS on the route Chettakandipalam – Kozhikode is granted
subject to settlement of timings consequent to conversion of class of service.
Temporary permit under section 87(1) (d) for 20 days is also granted as
LSOS for immediate resumption of service, subject to settlement of timings as
per decision NO. D3/875/STA/2005 Dt. 08.11.2011 and remittance of fees.
Item No:47
Heard. Delay in resumption of service condoned. Renewal of permit and
replacement in respect of S/C KL 18 D 2079 is granted subject to remittance of
Rs 5000/- as compounding fee.
Item No:48
Heard. On detailed enquiry the enquiry officer had reported that the
proposed curtailment of trips from Koorachundu to Poozhithode will adversely
affect the passengers on this route. Hence regular variation of permit is allowed,
without curtailment of trip to Poozhithode, subject to settlement of timings in
accordance with the STA decision N o. D3-875/STA/2005 dt. 8-11-2011.
Item No:49
Heard. Regular variation of permit is allowed as applied for, subject to
settlement of timings in accordance with the STA decision No. D3-875/STA/2005
dt. 8-11-2011.
Item No:50
Heard. On detailed enquiry the enquiry officer had reported that the
proposed curtailment of trips through Kavumbvattam –Muthambi-Koyilandy will
adversely affect the passengers on this route. Hence regular variation of permit is
allowed, without curtailment of trips, subject to settlement of timings in
accordance with the STA decision No. D3-875/STA/2005 dt. 8-11-2011.
Chairman
Member – 01
Member - 02
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Item No: 51
Heard. Regular variation of permit is allowed as applied for, subject to
settlement of timings in accordance with the STA decision No. D3-875/STA/2005
dt. 8-11-2011.
Item No: 52
Heard. Regular variation of permit is allowed as applied for, subject to
settlement of timings in accordance with the STA decision No. D3-875/STA/2005
dt. 8-11-2011.
Item No: 53
1) Perused the Judgment of the Hon'ble High Court in WP(c) No.
27381/2013 dated 12.03.2015.
2) Heard all parties. Strong objections raised in the meeting by the counsel
appeared for the Municipal Auto Workers Co-ordination committee, Vatakara that
there cannot be allowed further Municipal autorikshaw permits in Vatakara
Municipality as there is no adequate parking facility for more vehicles within the
Municipal area and such permission would make intrusion to their livelihood. The
Hon'ble High Court in the afore mentioned judgment dt. 12.03.15 has held that
the applications filed by the petitioners cannot be rejected at the threshold on the
ground that they are not the residents within the Municipality. Hence the matter
should again be looked into.
The Secretary, RTA is directed to make a deep study regarding the matters
such as necessity of more Municipal auto permits, availability of parking places,
availability of autorikshaw services in the peak hours and night time, frequency of
auto services in the remote places in Vatakara Municipality etc. The report will be
placed in the next RTA after making necessary consultations with the Local Self
Govt Institution and Traffic Regulatory authority. Hence adjourned.
Item No: 54
Heard. Granted a bus stop for Limited Stop buses and Fast Passenger
buses at Vallikkad, on the route Vatakara – Kainatty – Kuttyadi.
Item No: 55
Ratified the action taken by the Secretary, RTA, Vatakara.
Chairman
Member – 01
Member - 02
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Item No: 56
Nil.
Item No: 57
Date of next RTA meeting fixed on 07.07.2015.
1.
2.
3.
Chairman
Sri. N. Prasanth, IAS,
District Collector and Chairperson,
Regional Transport Authority,
Vatakara.
Sd/-
Sri. P H Ashraf, IPS,
Superintendent of Police (Rural)
Kozhikode and Member,
RTA, Vatakara.
Sd/-
Sri. Narayanan Potti. S N,
Deputy Transport Commissioner,
North Zone, Kozhikode and Member,
RTA, Vatakara.
Sd/-
Member – 01
Member - 02