Route-Permit

Leave to appeal was granted to consider whether language of S.49, Motor Vehicles Ordinance, 1965, left any discretion with Regional Transport Authority, to refuse route permits if otherwise requirements of section had been fulfilled.

Moter-Vehicle-Route permit-Appeal to Supreme Court against order of Board of Revenue pending before Supreme Court-Pending appeal order of Board of Revenue suspended and appellant permitted to ply buses on permits held by them Permits meanwhile expiring due to efflux of time-Petition praying that authorities be directed to renew permit pending appeal-Rejected.

Route-permit-Regional Transport Authority, in interest of public, passing , during currency of route-permits omnibus order forbidding plying of buses and trucks manufactured prior to 1950-Regional Transport Authority, held should act strictly in accordance with law prescribed by Act and Rules

Nevertheless order not interfered with since subsequent amendment in Act enabled R. T. A. to impose such condition and in view of the fact that Authority had done what was eminently desirable lit interest of public safety Motor Vehicles Act (IV of 1939), S.48 (a).

S. 47-Route permit-Survey of route-Chairman, R. T. A. visiting area and respectable members of public requesting for provision of direct link between two terminii of route-Formal survey, held, not necessary, in circumstances of case-West Paki3tan Motor Vehicles Ordinance (XIX of 1965), S. 50(1) (a).

Ss. 59 (3) (b) & 60 (1) (a) - Route permit - Cancellation - Regional Transport Authority quasi judicial body - Finding regarding breach of S. 59 (3) (b) must be sustained by legal evidence-Mere fact that vehicle was involved in accident-No proof of vehicle having been driven at speed not authorized by law.

Route-Permit Applicants more or less similar in worth ability and capacity-R. T. A invariably best judge of merits.

Route-Permit R. T. A. and not Chairman can grant temporary permits-Order of Chairman granting temporary permit subsequently ratified by R. T. A. Such orders cannot be sustained Temporary permit can be granted on conditions laid down in S. 62, Motor Vehicles Act (IV of 1939).

Route-Permit Decision of R. T. A. on point of fact carries great deal of weight.

Route-Permit Order of R. T. A. if not extremely wrong and arbitrary, not to be upset in appeal.

New conditions cannot be imposed after grant of permit.

New conditions cannot be imposed after permit has been granted-New conditions can be imposed on renewal of permit.

Applicant for new permit not invested with a right to have a permit-Notice to applicant at time of consideration of application not necessary.

Applications from Tribal Areas to be referred to Political Agent-Decisions to be taken after considering his recommendations.

Question whether temporary permit-holder is not complying with condition attached to permit to be determined by P. T. A.

Application for grant of additional permit not received by R. T. A. because applications for particular route had not been specifically invited-Held, that application should be entertained and decided by R. T. A. on merits.

Grant to Union Council to undertake work within its jurisdiction-Whether may be granted.

Minimum economic unit-Two `B' parts may be considered normally as minimum economic unit-Long distance routes-R.T.A. should first fix minimum economic `B' part units and then take up question of granting number of permits to most deserving applicants.

Route-Permit -New permits-Can be granted if transport requirements of public have increased.

Route-Permit -(B Part) known as fleet chit-Grant.

Route-Permit -Minimum of 2 ("B" Part) to be granted to individual operators in case of long routes.

Route-Permit -Failure to ply buses for reasons beyond control of permit-holder-No ground for cancellation.

Route-Permit -Temporary grant to Union Council-Benamidar owner of bus-Grant of permit, held not justified-R. T. A. to observe regular procedure if need is genuine and not to exercise restrictive powers meant for temporary needs-Motor Vehicles Apt (IV of 1939), Ss. 47, 57, & 62.

Route-Permit -New concern having good financial position and starting on right line-To be encouraged in interest of healthy competition.

Route-Permit -signature-Route falling in jurisdiction of two R. T. A.'s-Procedure. One R. T. A. exceeding its authority uniliterally decided as to the scope for additional through-services on particular routes, the major portion of which lay within the jurisdiction of another R. T. A. The correct procedure in such cases is for the R. r. A. concerned to determine the number of permits required in public interest and to divide the permits to be issued by each R. T. A. proportionately to the mileage lying within its jurisdiction.

Route-Permit Route permit-Permit-holder selling vehicle without permission of R. T. A.-Permit liable to cancellation.

Route-Permit Route permit-Grant of-New concern with no special record, not to be allowed to interlope in Region other than own.

Route-Permit Route permit-Condition that vehicles of 1954 and earlier snake would not ply on Rawalpindi-Murree Route-To apply to existing permit-holders, as soon as their permits of earlier make vehicles expire.

Route-Permit Route permit-Appeal by one director of Company-Other directors raising objection to appeal-Appeal not competent.

Route-Permit Route permit-Existing operator, if his previous record is satisfactory, has equal claim with new-comer, but has no preferential claim.

Route-Permit Route permit-Driver plying vehicle without uniform anti driving license-Breach of Condition No. 23, Part (A) of permit issued to company-Route permit suspended for one month Suspension not interfered with in appeal.

Route-Permit Route permit-R. T. A., may accept change in name of limited company for limited purpose of granting permits.

Route-Permit Route permit-Grant-Previous decision can be upset only if it was found erroneous.

Route-Permit Route permit-One "only" permit to new comer-Uneconomic unit-Principle not applicable in case of person having permits on various routes.

Route-Permit Route permit-Compromise promoting smooth running of alternative services between rival parties-Acceptable.

Route-Permit Route permit-Not necessary that B Part permit must always be carried and produced on demand.

Route-Permit Route permit-More permits on one route may be granted for public convenience.,

Route-Permit Route permit-Extension varying terms of existing permit May embrace only a short distance diversion.

Route-Permit Route permit-Company applying for permit-Record Company not satisfactory-New permit not to be, ground that there was no other applicant.

Route-Permit Route permit -Original home of permit- holders within jurisdiction of R.T.A.-Mere fact that they are also residing at place within jurisdiction of other R. T. A. no ground for cancellation of route permit-Motor Vehicles Act (IV of 1939), S. 60 (d).

Route-Permit Route permit-Route lying within jurisdiction of two Regional Transport Authorities-One R. T. A. granting route permit Other authority should countersign provided there is necessity for additional.

Route-Permit Route permit-Permits of all except A made permanent-A's case similar-A's permit to be also made permanent.

Route-Permit Route permit-New permits to be granted if there is genuine need to increase transport facilities.

Route-Permit Route permit-Grant of new route permit-Genuine-need of public to be taken into consideration.

Route-Permit Route permit -R. T. A. changing route without observing relevant provisions of Chapter IV, Motor Vehicles Act (IV of 1939) -Order set aside.

Route-Permit Route permit-Application for extension of route, actually, for new route which was wholly uncommon and unnatural-Applicant's service inefficient-Permit not to be granted.

Route-Permit Route permit-Terms of notification-R. T. A. can go beyond terms if there are good and sufficient reasons.

Route-Permit Route permit-Monopoly to one company not to be permitted Additional or new service-Existing operator has no overriding claim-Public convenience the sole criterion.

Route-Permit Route permit-New permit can be granted only in public interest.

Route-Permit Route permit-Monopoly in, not to be encouraged.