P L D (Rev (PLP)

NASIR AHMAD, F. C.‑This order will dispose of the four connected appeals Nos. 16, 40, 41 and 118 of 1953‑54, which relate to an order passed by the Regional Transport authority, Lahore, in their meetings held on the 27th February and 1st and 5th March, 1954, by which two stage carriage permits, part B, were sanctioned in favour of each of the three contesting parties, namely (1) Haideria Transport Company Jhang, (2) the Pakistan Transport Company and (3) the Sargodha‑Jhang Transport Company, for the route Sargodha‑Sahiwal‑Jhang (item No. 92). As already mentioned, four appeals have been preferred two by the Haideria Transport Company against the other two parties, third by the Pakistan Transport Company against the Haideria Transport Company and fourth by the Sargodha‑Jhang Transport Company against the Haideria Transport Company and the Pakistan Transport Company conbined. The facts briefly are that sometime ago the route which was generally followed by motor vehicle traffic from Sargodha to Jhang was partly metalled and partly unmetalled. The section from Sargodha to Sahiwal was metalled and from Sahiwal to Jahanian Shah, Kot Isa Shah and Jhang was unmett aled. Two of the contestants, namely the Sargodha‑Jhang Transport Company and the Haideria Transport Company were plying on this route, the former from Sargodha to Jahanian Shah and the latter from Jhang to Kot Isa Shah. Later on, a new direct road from Jahanian Shah to Jhang was metalled and all the three contestants applied for permits on both the routes. The Regional Transport Authority granted two permits each to the two old companies for plying on the entire metalled road from Sargodha to Jhang, and two permits each to the two old companies on the old route now in question and granted two additional permits to a new concern, namely, the Pakistan Transport Company. It is urged on behalf of the last named, that there has been a mis-description of the route in the order and that the permits granted to them related to the entire metalled road and not to the old road which is partly metalled and partly unmetalled and which is now under consideration before me. This, however, is not so, as is apparent from the records of the R. T. A. and also the original time‑table produced by the Pakistan Transport Company before the R. T. A. for their approval. Besides, the Pakistan Transport Company is well provided, as they hold a number of permits on longer routes two in a definitely different traffic zone. There was thus no justification for importing them on the Sargodha Jhang zone. It has been urged that they did operate on a small 12‑mile section of this route from Jhang to Chund, but a part of this route even is outside the route under consideration. In any case, it is to my mind an entirely different traffic zone. I would accordingly accept the appeal preferred by the Haideria Transport Company against the Pakistan Transport Company and also that of the Sargodha --Jhang Transport Company against this company and cancel the two permits issued to them. These two permits should be given one each to the Haideria Transport Company and the Sargodha‑Jhang Transport Company. The other cross appeals stand dismissed. Announced to the parties present. A. H. Order accordingly.