P (PLP)

AKHTER HUSSAIN, F. C.‑This order will dispose of all the three appeals noted above. The facts in all these appeals are similar. The Secretary, Regional Transport Authority, Rawalpindi, is not present as he had not been summoned but as the issue involved in all the three cases is the same his presence is not necessary.,

2. It is conceded by both the parties that the existing number of Public Carriers Permits issued by the Regional Transport Authorities of Rawalpindi. Lahore‑and Multan is 325, 470 and 155 respectively. The Authorities now propose to increase this number to 625, 770 and 555 respectively. The learned counsel for the appellants has strongly urged that there has been no expansion of roads, no increase in goods traffic, no improvement in trade conditions and therefore the proposed increase will result in complete ruination of the existing operators and breed unhealthy competition. He has further urged that the proposed increase has been arrived at quite arbitrarily and haphazardly, that the Authorities have been guilty of breach of faith with the existing operators most of whom are refugees and that the provisions of section 55 and clause (iv) of subsection (b) of section 56 of the Act have been ignored. He added that no data had been collected by the Authorities before arriving at the decision appealed against and that the appellants were not given any opportunity of being heard on the subject by the Regional Transport Authorities of Rawalpindi and Multan.

3. The representatives of the Regional Transport Authorities on the other hand urged that the proposed increase in the number of permits of Public Carriers will do away with the mal‑practice of using Private Carriers on hire, that the existing Public Carriers are fetching handsome income, that the operators likely to get permits as a result of this increase only and not the appellants will be adversely affected by the increase as the latter are already established operators in the field, that the increase will end the monopoly of the few existing operators and will not result in any such unhealthy competition as is apprehended by the appellants.

4. After hearing arguments on both sides it is evident that there is great demand for increase in the number of Public Carriers from the public as the existing number is too small to be of much advantage to them. In the case of Multan Region, for example, the existing number of Public Carriers is 155 and that number is apparently too inadequate for the carriage of goods upon the routes in that Region. It was therefore, unnecessary for the Authorities to collect any elaborate data justifying an increase in the number of Public Carriers and it seems that it will be in the interests of the public generally to sanction as a first step an increase of 100 per cent. in the case of Multan Region, 50 per cent. in the case of Lahore Region and 50 per cent. in the case of Rawalpindi Region on the existing number of permits of Public Carriers in those Regions. The ideal to be attained should be that it should be within the reach of a larger number of people to take advantage of quicker means of transport thereby attaining greatest happiness of the greatest number. The Regional Transport Authorities should, therefore, effect an increase to the extent indicated above and in case any of the Authorities decides to increase its quota of permits still further, the Authority should collect the necessary data and afford an opportunity to the appellants as well as other interests affected thereby of being heard before arriving at any decision. Issue' orders accordingly. The Secretary, Regional Transport Authority, Rawalpindi, should be informed of the above orders at once. Announced. A. H. ?????????????????????????????????????????????????????????????????????????????????????? Appeal disallowed.