P L D (Rev (PLP)

NASIR AHMAD, F. C.‑This order will dispose of the three connected appeals Nos. 122, 129 and 132 of 1953‑54, against the orders of the R. T. A., Rawalpindi, passed in their meeting held on 12th and 14th June 1954, by which one stage carriage permit each was granted to the Pindigheb Transport Company and the Northern Punjab Transport Company, and rejecting the request of the Fatehjang‑Campbellpur Bus Service, for the route Chakri‑Campbellpur via Fatehjang --Jabbi‑Akhori. This route has been opened recently, and one section of it, i.e., the one now opened, namely Fatehjang --Jabbi‑Akhori, is still an unmettalled road. Formerly, passengers from round‑about Chakri, who had to go to Campbellpur‑the district headquarters‑were lifted by the Pindigheb Transport Company, who held a route permit from Chakri to Rawalpindi and from there they went by any of the large number of passengers services to Campbellpur. Passengers from Fatehjang were carried by the Northern Punjab Transport Company, along the older and longer route via Hasanabdal. The newly‑opened third route goes straight from Fatehjang to Campbellpur, and the three transport companies concerned in these appeals made applications to ply on this route. The R. T. A. considered that the opening of the new route would adversely affect the existing interests of the Pindigheb Transport Company and the Northern Punjab Transport Company and accordingly granted them a permit each. The request of the Fatehjang‑Campbellpur Bus Service was rejected on the ground that the company was still in a nebulous state and not properly organised. Besides, they had no previous interest on this route. The Pindigheb Transport Company and the Northern Punjab Transport Company have preferred cross appeals and the Fatehjang Campbellpur Bus Service have preferred an appeal against rejection of their application. It is the three appeals which are now under consideration. It would be quite obvious from a look at the route map that the opening of the new route from Fatehjang to Camp bellpur affects adversely the existing interests of the Pindigheb Transport Company and the Northern Punjab Transport Company both. It has been argued on behalf of the latter that the former's existing interests would be safeguarded if they are given an extension of their Rawalpindi‑Chakri service to Fatehjang and this would meet the ends of justice. This is really too fine a distinction to be considered practical for working of these routes though it is true that the Northern Punjab Transport Company's interests would probably be more adversely affected than those of the Pindigheb Transport Company if they are not granted permission to ply on the new route. In my considered opinion, the decision of the R. T. A. is justified and correct, and I would dismiss both the cross appeals. As regards the 3rd appeal, i.e., of Fatehjang‑Campbellpur Bus Service, it has been proved that they have now organised themselves into a registered company so that the objection which was raised by the R. T. A. in this behalf can be over ruled. One of the two services involved, namely the Pindigheb. Transport Company, have no objection if they are granted a permit to ply between Fatehjang and Cambellpur via Jabbi‑Akhori, but the other company affected, i.e., the Northern Punjab Transport Company, contend that Fatehjang‑Campbellpur Bus Service have no existing claim and a new party should not be allowed to come in. As already observed by me in a previous case (R. O. A. M. No. 24 of 1953‑54 Muslim Bus Sargodha v. Thal Transport Company, decided on 26th January 1955), (P L D (Rev.) 1955 Pb. 3) the object of the Motor Vehicles Act and the Rules is to provide efficient transport for the public and its scope can not be circumscribed to preserving and enlarging the existing vested interests of the various a transport companies though their existing interests should not ordinarily be injured or harmed. There is, thus, no argument for keeping out new‑comers on new routes, as this would obviously be an unsocial act against the interests of the general public. Fatehjang‑Campbellpur is admittedly a new route and it would, therefore, be in the fitness of things if a new company is given a permit to ply on this newly‑opened route. I would accordingly accept their appeal and grant them one stage carriage permit to ply between Fatehjang and Campbellpur via Jabbi‑Akhori. A. H. Order accordingly.