P L D 1961 W (PLP)

Route permit ‑R. T. A. changing route without observing relevant provisions of Chapter IV, Motor Vehicles Act (IV of 1939) ‑Order set aside. Abdur Rahim for Appellant. Fazal Hussain for Respondents. Iqbal Ahmad Lodhi, Secretary R. T. A: The Regional Transport Authority, Rawalpindi granted four stage carriage permits on Jhelum‑ Mangla route to the respondent Nisar & Company on the 10th April 1957. The order was withheld for sometime and eventually on 7th November 1958, the R. T. A. directed the respondents to start their services. It was reported sometime in March 1959, by the appellant, the New Jhelum Transport Company to the Regional Transport Authority that the respondents were not abiding by the permits issued to them and instead of proceeding to Mangla they were going to another place named Barunte. The R. T. A. in their meeting held op 5‑6‑1959 changed the original sanction and instead of the route Jhelum‑Mangla endorsed the permits to ply on Jhelum‑Barunte route. The New Jhelum Transport Company who ply from Jhelum via Dina to Sultanpur which is beyond Barunte, have felt aggrieved by this order and have come up in appeal. The main ground that has been taken up in appeal is that the original route was Jhelum‑Mangla via Sarai Alamgir along the left bank of the river Jhelum whereas the present route is Jhelum Dina‑Barunte along the right bank of the river. As already observed the appellants are plying along the latter route upto a place known as Sultanpur which is beyond Berunte and claim t have been adversely affected by this order which has been passed without observing the proper formalities required by law The respondents' plea is that they had all along been trying to get permission to ply along the route Jhelum‑Mangla via Dina; that Mangla is not a specific town or place but is a name given to all this area on both sides of the river so that the right or left banks are both called Mangla. In any case the appeal is time‑barred because th‑ original grant as already mentioned was made on 10th April or at most 8th November when the earlier decision of 10th April was implemented whereas the appeal was filed, on the 30th June 1959, after the expiry of 30 days. The appellant's con tention is that Mangla is a specific place situated on the left bank of the river across which a storage dam is under construction It A could not be reasonably understood by any body that route Jhelum, Mangla as advertised does not go via Sarat Alamgir along the left bank of the river. For this reason they did not raise any objec tions and it was only when the respondent company started running their services via Dina in February 1959, that they made an application to the Regional Transport Authority to the effect that the respondent company was not complying with the con ditions of the permit, that action should be taken against them and they should be made to ply along the route sanctioned. The cause of action thus arose when the R. T. A. for all practical purposes changed the route Jhelum‑Mangla to Jhelum‑Barunte on 5‑6‑

59. The appeal was lodged within thirty days of this change in the route and was therefore within time. I am inclined to accept the contention of the learned counsel for the appellants. Though the respondent company had originally applied for opening the alleged new route Jhelum‑Manilla via Dina, the route actually advertised was simply Jhelum‑Mangla. Mangla is specific habitation on the left bank of the river and at present there is no method of reaching Mangla via Dina as there is no bridge across the river at this place. In these circumstances when the R. T. A. had not clarified what they intended, the stand taken by the appellant company seems reasonable and justified. The route Jhelum‑Barunte via Dina would thus definitely be a new route and the appeal is held by me to be within time. As the R. T. A. have not observed the relevant provisions of Chapter 1V of the Motor Vehicles Act the grant in favour of the respondent company is set aside and the appeal stands accepted. K. M. A. Appeal accepted.