P L D (Rev (PLP)
THE MULTAN TRANSPORT Co., LTD.‑‑Appellant Versus (1) HARYANA UNITED TRANSPORT Co., LTD.,
| Citation | P L D (Rev (PLP) |
| Forum / Court | |
| Bench Members | Nasir Ahmad, Member, Board of Revenue, West Pakistan |
| Parties | THE MULTAN TRANSPORT Co., LTD.‑‑Appellant Versus (1) HARYANA UNITED TRANSPORT Co., LTD., |
| Primary Law | Motor Vehicle‑ |
Q1: What are the key laws and sections cited in P L D (Rev (PLP)?
This judgment primarily cites: Motor Vehicle‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D (Rev (PLP)?
The case was heard and decided by the bench comprising: Nasir Ahmad, Member, Board of Revenue, West Pakistan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D (Rev (PLP) (THE MULTAN TRANSPORT Co., LTD.‑‑Appellant Versus (1) HARYANA UNITED TRANSPORT Co., LTD.,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Abdur Rahim for Appellant.
- Mahmud Ali for Respondent 1.
Headnotes / Summary
Route permits‑ Grant to new company for direct route part of which is operated by existing companies Principle. The principle to be kept in mind in the grant of new permits is to increase transport facilities in stages, so that the existing transport companies are not adversely affected and also that the Transport Authority may be able better to gauge the extent of increase in traffic and the requirements of the public. Following the above principle in the present case, the number of permits for a direct route between two towns, part of which route was already operated by existing com panies issued to a new company was reduced in spite of the obvious advantage and apparent necessity of direct transport, facilities between the two places. Okara Bus Service Ltd. v. Ravi Transport Co. P L D (Rev.) 1956 W. P. 26 fol. Present : Secretary, Regional Transport Authority.
Judgment & Decree
NASIR AHMAD.‑This order will dispose of the three connected appeals Nos. 20, 23 and 27 of 1955‑
56. The Regional Transport Authority, Multan in their meeting held on 9th December 1955, granted two permits to the respondent company i.e. the Haryana United Transport Company Limited to ply between Multan and Mian Channu. The three appellants, who run from Mian Channu to Khane wal, a town about midway to Multan, have come up in appeal. The main ground urged is that the appellant companies run on short routes round about Multan, whereas the respondent s is a long distance carrier most of whose, services run from Multan to Lahore or Multan to Montgomery. Besides the appellant companies who are already running along this route, were providing sufficient transport facilities to meet public needs. In any case if an increase is needed the appellants should have been given preference otherwise their existing rights will be adversely affected to an appreci able extent. It is contended on behalf of the respondent on the other hand that they are an efficient concern, further, their activities are not confined merely to long distance routes as they also have a permit to ply between Multan and Mitru, which is a local service. It is not denied that there is no direct transport service between Mian Channu and Multan and the need for it is quite obvious as Multan is the head quarters of the district‑‑also of the Division ; thus a direct connection between these two towns is a real necessity. There undoubtedly are shuttle services running between Mian Channu and Khanewal and further on to Multan and these in a way can meet the requirements of passengers from Mian Channu to Multan but the existence of a direct service between these two towns as already stated is an apparent necessity. I have already observed in another case Okara Bus Service Ltd. v. Ravi Transport Co. Ltd. (P L D (Rev.) 1956 W. P. 26) to‑day that in the absence of any statistical data it would be more proper for a Regional Transport Authority to increase transport facilities in stages so that existing, transport companies are not adversely affected; further this method will also give an indication to the Regional Transport Authority to gauge the extent of increase in traffic and thus the requirements of the public. In this particular case also I would, following the above principle, accept the appeal to the extent of reducing the number of permits granted to the respondents to one leaving it to the Regional Transport Authority to see later on as to what the likely requirements of the public are. In case increased transport facilities are needed I have no doubt that the Regional Transport Authority will keep in view the claims of the existing transport companies already plying on this route or on a section of this route. A. H. Appeal accepted in part.