Cruiser Light Vehicle Owner's Association v. State of Assam
2016-12-14
ACHINTYA MALLA BUJOR BARUA
body2016
DigiLaw.ai
JUDGMENT AND ORDER : Achintya Malla Bujor Barua, J. 1. Heard Mr. NH Laskar, learned counsel for the petitioner and Mr. TN Sreenivasan, learned counsel appearing on behalf of all the respondents. 2. The petitioner is an Association of the owners of the Cruiser Light Motor Vehicle like Tata Sumo, Cruiser etc. and is registered under the Societies Registration Act, 1860 and operates under the name & style of Cruiser Light Vehicle Owners Association. 3. It is the case of the petitioner that the vehicles operating under the association ply their vehicles from Silchar Town to various other places within the district and vice versa. For the purpose of operating their vehicles, the petitioner has parking place inside the Silchar town and the vehicles are operated to all directions from the said parking place. 4. In this present petition, the petitioners are aggrieved by the letter No. DTC/MV/ 2014/443-452 dated 26.06.2014 of the District Transport Officer, Cachar, Silchar addressed to the President/Secretary, amongst others of the Cruiser Light Vehicles Owners Association. By the said letter of 26.06.2014, it has been provided that, as per the direction of the Deputy Commissioner, Cachar Silchar vide his order dated 16.06.2014, all line bus, cruiser, sumo passengers vehicles plying on route Silchar to Lakhipur and vice-versa are restricted from entering Silchar Town with effect from 01.07.2014. In the letter it has been provided that all these Vehicles will stop at Rongpur and shall not move towards Silchar Town. 5. The case of the petitioner is that the restriction imposed by the said impugned letter dated 26.06.2014 is an unreasonable restriction on the right of the vehicle owners of the petitioners association to ply their vehicle inside the Silchar town. It is also submitted that such unreasonable restriction, as imposed by the impugned letter dated 26.06.2014, would adversely affect the people utilizing the services of such vehicles to proceed to important institutions like Silchar Medical College and Hospital, Assam University, Assam Engineering College etc., which are situated in the southern region of the Silchar town. It is stated that in order to approach such institutions from the other parts of the Cachar district, the whole of the Silchar town has to be crossed, since there is no other way to go to those important places by bye-passing the Silchar town.
It is stated that in order to approach such institutions from the other parts of the Cachar district, the whole of the Silchar town has to be crossed, since there is no other way to go to those important places by bye-passing the Silchar town. But the unreasonable restriction imposed on the vehicles of the petitioner's association, it would adversely affect the interest of the public in general. 6. The respondent No.3 has filed an affidavit-in-opposition dated 20.11.2015, wherein in paragraph 4 it has been stated that the decision to impose the restriction by the letter dated 26.06.2014 is a conscious decision, which has been taken by the administrative authorities, by taking into consideration the reality that since the passage of time, the traffic scenario in the Silchar town has drastically increased for which uncontrollable traffic congestion created in the town. It is stated that the impugned letter dated 26.06.2014 was issued in the exigency of public convenience, for easing out the acute traffic congestion within the Silchar town. 7. In paragraph 5 of the said affidavit-in-opposition, it has also been stated that for passengers to proceed to destinations like Silchar Medical College & Hospital, Assam University etc., appropriate means of transport like City buses and rotation auto rickshaws are available within the Silchar town. Accordingly, it is the contention of the respondent authorities that non-plying of the vehicles of the petitioners association is not causing any inconvenience to the public in general in any manner. In their affidavit-in-opposition, the petitioners had merely reiterated that there is no bye-pass, in the Silchar town and therefore the people, who are to proceed to Silchar Medical College and Hospital, Assam University etc. would be at inconvenience. Nothing has been stated, as to why, the decision taken by the administrative authority that the impugned restriction which is imposed is due to uncontrollable traffic congestion in the Silchar town, is arbitrary or unreasonable. 8. The law regarding challenge to an administrative decision or administrative policy has been settled by the Apex Court in a Catena of decisions. The administrative policy or administrative decision can be challenged in the background that the policy decision is arbitrary or unreasonable and absolutely there is no materials on record available to substantiate such policy decision.
8. The law regarding challenge to an administrative decision or administrative policy has been settled by the Apex Court in a Catena of decisions. The administrative policy or administrative decision can be challenged in the background that the policy decision is arbitrary or unreasonable and absolutely there is no materials on record available to substantiate such policy decision. The policy decision otherwise is in the realm of the administrative discretion of the authorities and in exercise of the power under Article 226 of the Constitution of India the same may not be interfered. 9. As already stated that in the absence of any such material being produced on record to substantiate that the policy decision of the respondent authorities against the restriction on the movement of the vehicle of the petitioner's association, in the Silchar town is not sustainable, this Court finds it inappropriate to interfere with such policy decision which is spelt out in the impugned letter dated 26.06.2014. 10. As regards the apprehension raised by the petitioner's association that in case of emergency, patients that are required to proceed to Silchar Medical College and Hospital for immediate treatment would be inconvenienced, the respondents in their affidavit had clearly stated that to carry such category of persons to the Silchar hospital rotations auto rickshaws are available within the Silchar town and as such, the same cannot be a reason for plying the vehicle of the petitioners association to enter Silchar town. 11. Further, in that view of the matter, if there is any inconvenience to any emergency patients or students from proceeding to Silchar Medical College & Hospital or the Assam University, as the case may be, it is for the appropriate persons who are aggrieved by such inconvenience to approach this Court to highlight their grievance. The petitioner being the association of commercial vehicles who used to earlier ply their vehicles inside the Silchar town has no locus-standi to take up the case on behalf of any such emergency patients or students, in order to propagate their case. 12. In view of the above, this writ petition is found devoid of merit and is accordingly dismissed.