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Petitioner: THE LAHORE, RERAN TRANSPORT CO, OPERATIVE SOCIETY LIMITED, SHARAQPUR VS Respondent: THE R. T. A. LAHORE
P L D 1960 W
P L D 1960 W. P. (Rev.) 9
Before A. T. Naqvi, Member Board of Revenue,
West Pakistan
THE LAHORE‑RERAN TRANSPORT CO‑OPERATIVE
SOCIETY LIMITED, SHARAQPUR‑Petitioner versus
THE R. T. A. LAHORE‑Respondent
Appellate Side No. 79 of 1957‑58, decided on 18th February 1959, District Lahore.
Route permit‑Exclusive right of operating stage‑carriage services on particular route‑R. T: A. not debarred from declaring route open and calling for fresh applications for grant of route permits.
Kh. Abdur Rahim for Appellant.
Secretary, R. T. A. Lahore.
ORDER
The appellant's Society has preferred this appeal against the decision of the R. T. A. Lahore, taken in its meeting held on 18‑8‑1958 by which the Authority declared open the routes from Lahore to Sharaqpur, and Rehan to Sharaqpur, inviting fresh appli cations for the grant of route permits inasmuch as the Authority considered the monopoly of appellant's Society on these routes as undesirable.
2. The facts of this case are that appellant's Society is operat ing stage carriage services between Lahore and Rehan holding 19 `B' part permits. No other company or operator is allowed to pick up passengers between Lahore and Rehan. In other words, all other companies operating between Lahore and Lyallpur or other destinations have to operate under the corridor conditions, which restrain them from picking up passengers between Lahore and Rehan. The corridor conditions give the appellant's Society exclusive right of operating stage carriage services between Lahore and Rehan. The appellant Society allege that while they have held 19 `B' parts for this whole route‑Lahore to Rehan‑they have not in actual practice been permitted by the R. T. A. Lahore to use some of the permits or parts of the route, viz. Lahore to Sharaqpur and others for the whole route, viz. Lahore to Rehan and they had requested the Authority to fix the number of permits accordingly; the Authority while refusing this request, also declared the whole route open. In support of the con tention of the appellant's Society, they have filed a copy of the time‑table for the period, 1st October 1955 to 31st March 1956, duly attested by the Secretary, R. T. A., which shows that some of the services of the appellant's Society were permitted to termi nate at Sharaqpur. It has further been argued by the counsel for the appellant that the R. T. A. has passed on ex parte order.
3. Much reliance was placed on the time‑table referred to above and the previous decision of the Authority by which corridor restrictions were imposed on other companies plying on this route. I am afraid I do not agree with the contentions of the learned counsel for the appellant's Society inasmuch as in view of the previous decisions of the appellant's Society, the Authority is not debarred from taking action in declaring the route open and calling for fresh applications for the grant of route permits. In the light of the changed circumstances the Authority was justified in taking the decision under appeal because a large number of A complaints and representations against the appellant's Society clearly indicate that there is a need of more services on the route in question. The Deputy Commissioner, Sheikhupura, in his memo randum No. 10207, dated 5‑11‑1958 through subsequent to the decision of the Authority being impugned against dated 18‑8‑58 addressed to the Chairman, R. T. A., Lahore, as follows:‑
"The traveling public of towns and villages lying on the Lahore‑Rehan route especially between Shahdara and Rehan and vice versa are put to great hardship as they are debarred from traveling by the buses of any of the transport companies other than the Lahore‑Rehan Transport Service. This bus company has been enjoying a monopoly on this route with the result that the needs of the public cannot be fully or promptly met. Many a time they are subjected to tiresome waiting in the vain hope of getting accommodation in the buses of that company. This is due to the restriction placed on the other transport companies plying between Lahore and Lyallpur for not picking up passengers on the Lahore‑Rehan section. To add to their troubles there is no railway line to share the traffic.
The Secretary, Public Welfare Society Sharaqpur, has ventilated the grievances of the public of the ilaqa in the form of a hand‑out a copy of which has also been sent to the Martial Law Authorities, who have forwarded it to me for necessary action under intimation to the Headquarter Sector `C' Sialkot. The hand‑out among other things says that in spite of prolonged public clamor the authorities have not cared to take any action.
The demand set out in the hand‑out is:‑
(i) all transport companies operating between Lahore and Lyallpur via Sharaqpur should be permitted to pick up all passengers on the way ;
(ii) More route permits should be granted to transport operators on the Lahore‑Rehan route, and
(iii) Omni Bus service should be introduced."
In my opinion the demand seems to be genuine and I recommend that the Government may be moved to take very early action in this matter. At least the restriction imposed on the companies other than the Lahore‑Rehan Bus Service should be immediately withdrawn.
5. The Deputy Commissioner of a district is supposed to be well‑conversant with the genuine difficulties of the public and in this case the Deputy Commissioner, Sheikhupura, rightly mentioned prolonged public clam our in his memorandum referred to above.
6. As regards the other objections of the appellant's Society that they were not heard before the order under appeal was passed and that the order was expert, is not based on the factual position of the case inasmuch as a representative .of the Society was present at the meeting and was heard.
7. In view of the above observations, the appeal is dismissed.
K. M. A. Appeal dismissed.