Calcutta High Court (Appellete Side)
Moumita Banerjee vs The State Of West Bengal & Ors on 10 September, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1
38 10.9.13
Sc W. P. No. 27032 (W) OF 2013
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Moumita Banerjee
- vs.-
The State of West Bengal & Ors.
Mr. N.I. Khan Mr. Amlan Kumar Mukherjee.
....For the Petitioner.
Mr. Jayanta Narayan Mahanty.
....For the Respondents.
The petitioner's application for a permit to provide special stage carriage service on route no.42 [Shibpur Mandirtala (beside bridge outpost near Shibpur Police Station) to Rajarhat New Town Bus Terminus via Vidyasagar Setu, A.J.C. Bose Road Flyover, E.M.Bypass, Chingrihata and Salt Lake Section- V] was allowed by the Regional Transport Authority, Howrah (hereafter the RTA) and an offer letter was issued vide memo dated 26th February, 2013, valid for a month. The offer letter, inter alia, required the petitioner to obtain permit upon production of certificate of registration of a vehicle registered in his name which is BS-IV emission norms compliant.
The petitioner obtained extension of the life of the offer letter several times and lastly, the offer letter was extended till 25th August, 2013. In the meantime, however, the petitioner was required to produce the certificate of registration of a vehicle which is BS-III norms compliant as per order of the Chairman of the RTA dated 16th August, 2013. Such order had been passed by the Chairman taking into consideration the notification dated 7th August, 2012, in terms whereof the Government had been pleased to lay down guidelines/directions in relation to registration of new vehicles as well as grant of new permits on inter-regional routes covering vehicles which are either BS-III or BS-IV norms compliant. It appears from Schedule-II of such notification that a permit authorising a vehicle to operate in an area within 2 Kolkata Municipal Corporation or the areas under Salt Lake and Laketown police stations shall not be issued unless such vehicle is BS-IV norms compliant. However, if a permit is issued for a route having one terminus within the Kolkata Municipal Corporation area and the areas under Salt Lake and Laketown police stations and the other terminus outside the area specified above (meaning thereby the areas within Kolkata Municipal Corporation and under Salt Lake and Laketown police stations), it must be in respect of a vehicle complying with BS-III norms.
The Secretary, RTA while issuing the offer letter had erroneously inserted the condition regarding production of certificate of registration of BS-IV emission norms compliant vehicle, since none of the termini of the route on which the petitioner proposed to operate stage carriage was situated within the Kolkata Municipal Corporation area and the areas under Salt Lake and Lake Town police stations. One terminus was in Howrah and the other in Rajarhat New Town and, therefore, the petitioner ought to have been asked to produce a vehicle conforming to BS-III emission norms. The mistake was realized and rectified on 16th August, 2013 i.e. nine days prior to the offer letter's expiry. The petitioner appears to have purchased a chasis having an engine which complies with BS- III norms and has been in the process of having a body built thereon. The process of bodybuilding would take nearly three months and accordingly he had made a prayer before the Secretary, RTA, Howrah to extend validity of the offer letter on 23rd August, 2013. Since the Secretary, RTA has not allowed the prayer, this writ petition dated 4th September, 2013 has been presented before this Court.
I have heard learned advocates for the parties.
Mr. Mahanty, learned advocate representing the State respondents submits that the life of an offer letter cannot be 3 extended beyond 6(six) months under any circumstances and, therefore, the petitioner is not entitled to any relief.
Rule 141 of the West Bengal Motor Vehicle Rules, 1989 provides for an offer letter being issued once it is decided by a transport authority to grant permit. The proviso to Rule 141 authorises the transport authority granting the permit to extend the validity of the offer letter up to six months from the date of issue of the same, in exceptional cases, for reasons to be recorded in writing.
Ordinarily, the proviso to Rule 141 would operate as an impediment to extension of an offer letter beyond six months of its validity. However, as has been noticed above, the mistake of requiring the petitioner to produce registration certificate in respect of a vehicle conforming to BS-IV norms was rectified only on 16th August, 2013 and it has been contended before me on behalf of the petitioner by Mr. Khan, learned advocate appearing on his behalf that it would be practically impossible for the petitioner to produce a vehicle complying with BS-III norms within such short time.
In my view, since the petitioner was not at fault and it is the Secretary, RTA who has to be blamed for issue an offer letter containing a condition for production of certificate of registration of a vehicle conforming to BS-IV norms, which was contrary to the notification dated 7th August, 2012, the period of commencement of the offer letter must be construed as 16th August, 2013 on which date the Chairman of the RTA rectified the mistake committed by the Secretary, RTA. Since the petitioner has prayed for three months' time with effect from 23rd August, 2013 to produce a vehicle conforming to BS-III norms, I direct the Secretary, RTA to allow the petitioner to place the vehicle by 23rd November, 2013 by making appropriate endorsement in the body of the offer letter in terms of this order. If the vehicle is produced by that date and if the 4 petitioner satisfies all other requirements for issuance of permit, following-up steps shall be taken without any delay.
The writ petition stands disposed of. There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished expeditiously.
(Dipankar Datta,J.)