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2006 DIGILAW 591 (CAL)

Swapan Dutta v. STATE OF WEST BENGAL

2006-09-08

PRABIR KUMAR SAMANTA, PRASENJIT MANDAL

body2006
Judgment : PRABIR KUMAR SAMANTA, J. (1) ALL these six writ petitions have been referred to the Division bench for an answer to a common question involved therein that which one of two authorities namely the Regional Transport Authority, 24-Parganas (N) and the Regional Transport Authority Calcutta is the appropriate authority for the purpose of granting permit for Route No. 201 between Karunamoyee and Tantkal. (2) SUCH question has arisen because the said Route No. 201 covers a distance of 21. 5 kms. between Karunamoyee and Tantkal, and of which distance of 6 kms. from to Karunamoyee to Ultadanga Railway Station falls within the salt Lake Police Station which is under geographical region of revenue District of 24-Parganas (N) and the next 6 kms. from Ultadanga Railway Station to sinthir More are situated within the jurisdiction of different police stations of calcutta and the balance 9. 5 kms. from Sinthir More to Tantkal fall again within the geographical region of the revenue District of 24-Parganas (N). (3) SECTION 69 of the Motor Vehicles Act provides as under: - 69. General provision as to applications for permits.- (1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles: provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the Regional transport Authority of the region in which it is proposed to kept the vehicle or vehicles: provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States, the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal places of business. (2) Notwithstanding anything contained in sub-section (1), the State government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub-section shall be made to the State Transport Authority of the region in which the applicant resides or has his principal place of business. (4) AS per the first proviso to the aforesaid section the application for grant of permit in respect of a route is to be made before the Regional Transport authority of the Region in which the major portion of the proposed route or area lies. Therefore on the plain reading of the aforesaid proviso the application for grant of permit in respect of said Route No. 201 from Karunamoyee to Tantkal should necessarily be made before the Regional Transport Authority of the District of 24-Parganas (N) as it is not in dispute that in all 15. 5 kms. out of a total distance of 21. 5 kms between Karunamoyee and Tantkal fall within the geographical region of revenue District of 24-Parganas (N). The above question has cropped up because of the Notification No. 4399-WT dated 23. 04. 1992 as also the Notification dated 05. 02. 2001 issued by the State Government which reads as under: -Notification No. 4399-WT dated the 23rd April, 1992. WHEREAS the existing R. T. A. , Calcutta, at present comprises areas falling under jurisdiction of Calcutta Police and Districts of 24-Parganas (South) and 24-Parganas (North) and whereas it has now been felt expedient, in the interest of public service as well as for smooth running of Motor Vehicles Administration, to create separate R. T. As in the District of 24-Parganas (North) and 24-Parganas (South) by curtailing the existing jurisdiction of R. T. A. , Calcutta. NOW, THEREFORE, in exercise of power conferred under Section 68 of the Motor Vehicles Act, 1988, the Governor is pleased to constitute separate R. T. As for 24-Parganas (North) and 24-Parganas (South)Districts with the jurisdiction indicated below and subject to the conditions set forth hereafter in order to exercise and discharge powers and functions conferred under the Motor Vehicles Act, 1988 by the respective RTAs: - (1)The jurisdiction of R. T. A. , 24-Parganas (North) shall be the geographical area of the revenue District of 24-Parganas (N). (2) The jurisdiction of R. T. A. , 24-Parganas (South) shall be the geographical area of the revenue District of 24-Parganas (S). (3) The revised jurisdiction of R. T. A. , Calcutta, shall be the area falling under the jurisdiction of the Calcutta Police. (4) The Registering Authority and Licensing Authority in respect of areas under Salt Lake and Lake Town Police Stations of 24-Parganas (N) District shall continue to remain with the Director, PVD, as already provided under Rule 3 and Rule 52 of the West Bengal Motor Vehicles rules, 1989. (5) The existing permit holders in respect of when permits have been issued by R. T. A. , Calcutta, will not be disturbed irrespective of their area of operation or the place of residence etc. of the permit holders. These permits, if permanent in nature, will continue to be renewed, replaced and all corollary actions for these permits will continue to be taken by R. T. A. , Calcutta. (6) All temporary permit under Section 87 of the Motor Vehicles act, 1988 in respect of the existing routes under the control of R. T. A. , calcutta, and filling up of any existing or future vacancies of the routes under Calcutta region will continue to be granted /renewed/replaced by the R. T. A. , Calcutta. (7) In future, the R. T. As of 24Parganas (N) and 24-Parganas (S) Districts will issue permits subject to the provisions of Motor vehicles Act, 1988 and the rules made thereunder and also the government Orders issued in this regard from time to time in respect of the routes falling in areas which lie exclusively within their geographical regions. Opening of new routes will have to be made with the prior concurrence of the STA as usual and the new RTAs shall not introduce any route connecting Calcutta and Howrah region without obtaining approval from the STA and Commissioner of Police, calcutta, and R. T. A. , Howrah in this regard. The new routes in overlapping areas of Calcutta/24-Parganas (N)/24-Parganas (S)Districts, if approved by the STA, will be subject to the provisions of the Motor Vehicles Act, 1988 and the rules framed thereunder. (8) The new RTAs shall not allow use of any thoroughfare of public pace or public road as originating and/or terminating point for any new route, anywhere within their respective regions. . (8) The new RTAs shall not allow use of any thoroughfare of public pace or public road as originating and/or terminating point for any new route, anywhere within their respective regions. . (9) Grant of temporary permits under Section 87 of the Motor vehicles Act, 1988 of casual nature i.e. , the temporary permits meant to meet temporary needs specified under Section 87 of the Motor Vehicles act, 1988 as distinct from temporary permits of four months duration, will be subject to the condition that new R. T. As will issue such permits in respect of the motor vehicles for which registration was issued by them in the past or on change of address and also for motor vehicles that may be registered with them in future. No such temporary permits shall be issued to a motor vehicle in respect of which original permit has been issued by the existing R. T. A. , Calcutta, or some other region. (10) As regards issue of special permits under Section 88 (8) of the Motor Vehicles Act, 1988, similar procedure will be followed. In respect of a vehicle for which stage carriage permit, either temporary or permanent, has been issued by one R. T. A. , a special permit will be issued by the said R. T. A. only subject to the provisions of the Motor Vehicles act, 1988, the rules framed thereunder and the Government orders issued in this regard from time to time. (11) The new R. T. As will issue goods carriage permit in respect of the vehicles registered with them and in respect of which change of address has been allowed with prior concurrence of R. T. A. , calcutta, subject to the provisions of Sections 77 and 79 of the Motor vehicles Act, 1988. As regards contract carriage permits, those already issued by R. T. A. , Calcutta, will not be disturbed irrespective of their area of operation or the place of residence etc. of the permit holders and these permits will continue to be renewed/replaced and corollary actions will continue to be taken by R. T. A. , Calcutta. The new R. T. As of 24-Parganas (S) and 24-Parganas (N) Districts may however issue fresh contract carriage permits in respect of such motor vehicles for which registration has been granted by them or change of address has been allowed by them subject to the foregoing conditions. The new R. T. As of 24-Parganas (S) and 24-Parganas (N) Districts may however issue fresh contract carriage permits in respect of such motor vehicles for which registration has been granted by them or change of address has been allowed by them subject to the foregoing conditions. For grant of new contract carriage permits in overlapping regions, the restrictions imposed under conditions 7 above, shall be observed. (12) The existing staff of R. T. A. , Calcutta will not be disturbed but the future vacancies on retirement or otherwise in R. T. A. , Calcutta, will be filled up only after obtaining prior approval of the Transport Department. (13) Separate orders constituting new R. T. As of Calcutta, 24-Parganas (N) and 24Parganas (S) Districts are being issued separately. This order will come into effect from 1st May, 1992. By order of the Governor, sd/-S. Choudhury special Sec. to Govt. of West Bengal. "no. 1014-WT/rf-9/99 government of West Bengal transport Department notification date: Calcutta 5. 2. 2001. In partial notification of the Deptt. Notification No. 4399-WT dated 23. 4. 92, the Governor is pleased to authorize the Regional Transport Authority South 24-Parganas/north 24-Parganas to manage renew and control the permits issued earlier by the Regional Transport Authority, Calcutta for the route/routes covering the region of South 24-Parganas or North 24-Parganas or both the regions as per guidelines laid down under Section 69 of the M. V. Act, 1988. For such purposes, the records of such permits shall be transferred to the respective regional Transport Authority mentioned above, by the Director Public Vehicles deptt. within 31. 3. 2001. All endorsement on permits of such nature after 31. 3. 2001 shall be made by the concerned Regional Transport Authority. The Governor is also pleased to say that in a route covering the jurisdiction of the R. T. A. Calcutta, the Regional transport Authority South 24-Parganas/ north 24-Parganas shall issue new permit in the said route in terms of Section 69 of the M. V. Act, 1988 and existing Notification/order if any subject to obtaining "no objection" from the R. T. A. Calcutta. By order of the Governor sd/-A. K. Roy director of Movement and Ex-Officio j. S. to the Govt. of West Bengal. No. 1015 ()WT Dated 5. 2. 2001. " (5) A learned Single Judge in disposing of the Writ Petition No. 1457 of 2003 by his unreported decision dated 15. 09. By order of the Governor sd/-A. K. Roy director of Movement and Ex-Officio j. S. to the Govt. of West Bengal. No. 1015 ()WT Dated 5. 2. 2001. " (5) A learned Single Judge in disposing of the Writ Petition No. 1457 of 2003 by his unreported decision dated 15. 09. 2003 has held that for the purpose of granting permit in respect of the aforesaid Route No. 201 from Karunamoyee to Tantkal the Regional Transport Authority 24-Parganas (N) would be the competent authority. Another learned Single Judge differed with the view expressed in the said judgment and order dated 15. 09. 2003, passed in the aforesaid Writ Petition No. 1457 of 2003, while he took up these six writ petitions for consideration. (6) ACCORDING to him in view of Clauses 3 and 4 of the Notification dated 23. 04. 1992, the revised jurisdiction of R. T. A. , Kolkata shall be the areas including the geographical areas of the revenue District of 24-Parganas (S) falling under the jurisdiction of Kolkata Police as well as, the areas under Salt Lake and Lake town Police Stations of 24-Parganas (N). According to him while interpreting a statutory provision, it should be borne in mind, that the legislature was quite aware of the geographical positions of the concerned areas. Therefore, it should be presumed that while issuing Notification dated 23rd April, 1992, the legislature was quite conscious that jurisdiction of Calcutta Police extends also to the areas of the revenue District of 24-Parganas (N). Therefore, the intention was to give authority to the R. T. A. , Kolkata to deal with the cases falling under the jurisdiction of Kolkata Police even though such jurisdiction encroaches upon the revenue district of 24-Parganas (S) as well as the areas of Salt Lake and Lake Town police Stations of 24-Parganas (N). (7) WITH due respect to the learned Single Judge who had earlier disposed of the writ petition relating to the grant of permit in respect of said Route No. 201 i must say that he rendered his decision simpliciter by taking into consideration only the Clauses (1), (2) and (3) of the said Notification dated 23rd April, 1992, and not by considering the aforesaid clauses vis-a-vis the Clause (4) of the said Notification. Yet then, to my mind, the ultimate conclusion to which he arrived at is correct. Yet then, to my mind, the ultimate conclusion to which he arrived at is correct. (8) FOR better understanding and convenience may I at the risk of repetition reiterate the Clauses (1), (2), (3) and (4) of the said Notification dated 23rd april, 1992: - "(1) The jurisdiction of R. T. A. , 24-Parganas (N) shall be the geographical area of the revenue District of 24-Parganas (N). (2) The jurisdiction of R. T. A. , 24-Parganas (S) shall be the geographical area of the revenue District of 24-Parganas (S). (3) The revised jurisdiction of R. T. A. Calcutta, shall be the area falling under the jurisdiction of the Calcutta Police. (4) The Registering Authority and Licensing Authority in respect of areas under Salt Lake and Lake Town Police Stations of 24-Parganas (N) District shall continue to remain with the Director, PVD, as already provided under Rule 3 and Rule 52 of the West Bengal Motor Vehicles rules, 1989. " (9) THE jurisdiction of each of the R. T. As of 24-Parganas (N); 24-Parganas (S) and Calcutta have been specified under Clauses (1), (2) and (3) of the said notification and unambiguously such jurisdictions of the aforesaid respective r. T. As are within their respective geographical areas of the revenue districts and the area falling under the jurisdiction of Kolkata Police. (10) IT is no doubt true that the areas under Salt Lake and Lake Town police Stations fall within the geographical area of the revenue District of 24-Parganas (N). Clause 4 of the aforesaid Notification without referring to the jurisdiction of R. T. A. has provided that the registering authority and licensing authority in respect of areas under Salt Lake and Lake Town Police Stations shall continue to remain with the Director, PVD as already provided under Rule 3 and Rule 52 of the West Bengal Motor Vehicles Rules, 1989. Rule and Rule 52 read as under: - "3. Licensing Authority.- The Licensing Authority shall be -(i) in the city of [kolkata] (jurisdiction of [kolkata] Police); the director, Public Vehicles Department. (ii) elsewhere in the State, the District Magistrate, excepting that the District Magistrate, 24-Parganas (N) shall not be the licensing authority in respect of areas under Salt Lake and Lake Town Police Stations. Licensing Authority.- The Licensing Authority shall be -(i) in the city of [kolkata] (jurisdiction of [kolkata] Police); the director, Public Vehicles Department. (ii) elsewhere in the State, the District Magistrate, excepting that the District Magistrate, 24-Parganas (N) shall not be the licensing authority in respect of areas under Salt Lake and Lake Town Police Stations. Provided that the powers of the licensing authority under Section 19 of the Act only shall also be exercised by Deputy Commissioner of police, Traffic, within the city of [kolkata] or Superintendent of Police in the district in respect of licences to drive transport vehicles: provided further that the District Magistrate or the Director Public vehicles Department may delegate its power, by order in writing, to any officer not below the rank of Motor Vehicles Inspector having jurisdiction. " "52. Registering Authority.- The Registering Authority shall be -(i) for [kolkata], the Director, Public Vehicles Department, [kolkata], (ii) elsewhere in the State, the District Magistrate excepting that the District Magistrate, 24-Parganas (N) shall not be the registering authority in respect of areas under Salt Lake and Lake Town Police stations: provided that the registering authority may delegate its power, by order in writing, to any officer not below the rank of Motor Vehicles inspectors having jurisdiction. " (11) THESE two Rules clearly indicate that the Director of Public Vehicles department shall be the authority both for the purpose of licensing and registering for the city of Kolkata. Elsewhere, in the State of District Magistrate shall be the such authority excepting that the District Magistrate, 24-Parganas (N) shall not be the licensing as well as the registering authority in respect of areas under salt Lake and Lake Town Police Stations. (12) CHAPTERS II and III of the Motor Vehicles Act, 1998 deal with the matters relating to licensing of drivers of motor vehicles and conductors of stage carriages and Chapter-IV deals with the registration of Motor Vehicles whereas Chapter-V deals with the controlling of transport vehicles such as matters relating to the grant of permits and matters connected therewith. (12) CHAPTERS II and III of the Motor Vehicles Act, 1998 deal with the matters relating to licensing of drivers of motor vehicles and conductors of stage carriages and Chapter-IV deals with the registration of Motor Vehicles whereas Chapter-V deals with the controlling of transport vehicles such as matters relating to the grant of permits and matters connected therewith. Sub-section (2) of Section 68 of Chapter-V clearly indicates that a Regional Transport Authority is a statutory body consisting of a chairman of such other persons not being more than two as the State Government may think fit to appoint whereas the registering and licensing authority under the aforesaid Rules is an individual, such as the District magistrate in the District and the Director of Public Vehicles Department in the areas under Kolkata Police Stations, Kolkata. The functions of each of the registering authorities, licensing authorities and the Regional Transport authorities are distinct and different from each other. Such functions have been specifically and separately prescribed under Chapters 2,3,4 and 5 of the Motor vehicles Act, 1988. Both the Motor Vehicles Act, 1988 and the West Bengal motor Vehicles Rules, 1989 do nowhere vest the Director of Public Vehicles department with the powers and functions of Regional Transport Authority. By Clauses (1), (2) and (3) of the said notification the respective R. T. As of 24-Parganas (N), 24-Parganas (S) and Calcutta have been vested with the jurisdiction to exercise and discharge powers and functions conferred under the Motor Vehicles Act, 1988 within their respective geographical areas of the revenue district and the areas falling under the jurisdiction of Calcutta Police whereas the Clause 4 has merely provided that for the purpose of licensing of drivers of motor vehicles and conductors of stage carriages under Chapters-ll and III of the said Act and for registration of Motor Vehicles under Chapter-IV of the said Act the Director, Public Vehicles Department shall continue to be the authority for areas under Salt Lake and Lake Town Police Stations of the revenue district of 24Parganas (N). This clause was necessary as by Rules 3 and 52 of the West Bengal Motor Vehicles Rules, 1989 the District Magistrate, 24-Parganas (N) was not vested with the power to discharge the functions of either the licensing authority or the registering authority in respect of areas under Salt lake and Lake Town Police Stations falling within the geographical area of the revenue District of 24-Parganas (N). (13) THUS, upon conjoint reading. it is abundantly clear that by the aforesaid notification dated 23rd April, 1992 while the area of jurisdiction of R. T. A. , 24-Parganas (N) shall be the geographical area of the revenue District of 24-Parganas (N) but for the limited purpose of licensing of conductors of stage carriages and drivers of motor vehicles and registration of Motor Vehicles under chapters 2, 3 and 4 of the said Act, the Director PVD shall continue to be the authority in respect of the areas falling under Salt Lake and Lake Town Police stations and not the R. T. A. , 24-Parganas (N) as in the case of all other Districts. This provision has been made supposedly for the reason that though the areas under Salt Lake and Lake Town Police Stations fall within the geographical area of the revenue District of 24-Parganas (N) but such areas for all practical purposes come within the residential areas of Calcutta as has been expanded in course of time. The people living in the areas under Salt Lake and Lake Town police Stations have easy and more convenient access to the city of Calcutta than to the District Head Quarter of 24-Parganas (N) at Barasat. All the business, commercial and the official centers of Calcutta are much more closure to the areas falling under Salt Lake and Lake Town Police Stations of 24-Parganas (N) than the place at Barasat where the District Head Quarter of 24-Parganas (N) is located. (14) THE view expressed by the learned Single Judge in his order dated 12th February, 2004 wherefore the aforesaid six writ petitions have been referred to the Division Bench, for the purpose of interpretation of said Notification issued by the State Government, is totally alien to the principles of law. (14) THE view expressed by the learned Single Judge in his order dated 12th February, 2004 wherefore the aforesaid six writ petitions have been referred to the Division Bench, for the purpose of interpretation of said Notification issued by the State Government, is totally alien to the principles of law. Again, if I am to go by such intention it is all the more clear that because of the close proximity of the areas under Salt Lake and Lake Town Police Stations with the city of Calcutta, clause 4 has been grafted in the Notification dated 23rd April, 1992 only for the limited purpose of retaining the Public Vehicles Director, Kolkata as being the licensing and registering authority under Chapters 2, 3 and 4 of the aforesaid act and certainly not for conferring the R. T. A. , Kolkata with the power to exercise jurisdiction over the areas thereof under Chapter-V of the Motor Vehicles Act, 1988. (15) IN this connection I may state that a Notification issued by the government in exercise of its power under Section 68 of the Motor Vehicles act, 1988 is not an Act of Legislation. It is a settled principle of law that a notification issued under the authority of legislation cannot override the provisions of a statute created by legislation. By such Notification delegated authority can only supplement the statutory provisions made by legislation. Therefore, for the purpose of interpretation of a Notification issued under a delegated authority, care should be taken to the literal meaning conveyed thereby vis-a-vis the statutory provision. It is not at all necessary to interpret the same by bringing in the concept of interpretation of statute or by making a probe as to the intention of the delegated authority in issuing the Notification in exercise of its power under the statute. (16) FOR all such reasons I am of the opinion that the view expressed by the learned Single Judge in his order dated 12th February, 2004 passed in the aforesaid six writ petitions is not correct. (17) IN the result I hold in agreeing with the decision of the learned single Judge dated 15th September, 2003 passed in Writ Petition No. 1457 of 2003 that for the purpose of granting permit in respect of Route No. 201 which covers a total distance of 21. 5 kms. , out of which 15. 5 kms. (17) IN the result I hold in agreeing with the decision of the learned single Judge dated 15th September, 2003 passed in Writ Petition No. 1457 of 2003 that for the purpose of granting permit in respect of Route No. 201 which covers a total distance of 21. 5 kms. , out of which 15. 5 kms. i.e., the major portion of the route having fallen within the Salt Lake Police Station and the geographical area of the revenue District of 24-Parganas (N) the R. T. A. , 24-Parganas (N) and not the R. T. A. , Calcutta shall have the jurisdiction to grant such permit in respect thereof. All the writ petitions mentioned above are accordingly disposed of.