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curtailment in route is not a violation of Section 72(1) of MVAct

Raj Kumar Makkad ,
  09 August 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Interpretation of Statute - Sub-section (1) of section 72 of Motor Vehicles Act, 1988 - Whether Authority acted rightly by granting the permanent stage carriage permits in regard to the routes for which the applications were made, but with a modification, by curtailing the routes for which the permits were applied?
Citation :
State of West Bengal & Ors. v. S. K. Nurul Amin (Decided on 05.07.2010)

The interpretation by the High Court is without basis. What is prohibited by the proviso to sub-section (1) of section 72 is granting of a permit in respect of any route or area not specified in the application. The said proviso does not prohibit curtailment in regard to portion of the route applied for, for any valid reason. In fact sub-section (1) specifically authorizes the Authority to grant the stage carriage permit with such modifications as it deems fit. Curtailment of a route would be a modification as contemplated under sub-section (1). Curtailment, as in the instant case, was a modification, which was permitted and authorized by section 72(1) of the Act. The Division Bench of the High Court was not therefore justified in holding that the grant of a permit for a route with any curtailment would be a violation of Section 72(1) of the Act.

 

 
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Published in Civil Law
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