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Showing contexts for: ksrtc in M/S S.R.S Travels By Its Proprietor K.T. ... vs The Karnataka State Road Transport ... on 6 February, 2025Matching Fragments
I. SLP (C) Nos. 27833-27834 of 2011: Filed by private bus operators.
II. SLP (C) Nos. 32499-525 of 2011: Filed by the Karnataka State Road Transport Authority (STA). III. SLP (C) Nos. 25787-956 of 2012: Filed by the Karnataka State Road Transport Corporation (KSRTC), a corporation constituted under the Road Transport Corporations Act, 19501.
For clarity of reference in this judgment:
• The Private Bus Operators and the Karnataka State Road Transport Authority will be referred to collectively as “the Appellants.” The 1950 Act CA@SLP(Civil) No.27833-27834 of 2011 etc. etc. • The Karnataka State Road Transport Corporation will be referred to as “the Respondent Corporation” or “KSRTC.”
5. Before we delve into the specific controversies arising in these appeals, it would be instructive to first set out the relevant legal provisions that govern the issues at hand. A clear understanding of these CA@SLP(Civil) No.27833-27834 of 2011 etc. etc. enactments is vital to appreciate the two principal questions that fall for our consideration.
I. Karnataka Contract Carriages (Acquisition) Act, Purpose and Scope- Enacted with the objective of acquiring privately operated contract carriages that were perceived to be functioning contrary to public interest. Once acquired, the vehicles, permits, and certificates of registration vested in the State Government, which, in turn, transferred them to state-owned road transport corporations such as KSRTC.
8. The learned Senior Counsel for the Respondent Corporation, Ms. Kiran Suri, has advanced the following arguments on behalf of the KSRTC:
8.1. On the Invalidity of Section 3 of the 2003 Act (Repeal of the 1976 Act): KSRTC contends that the KCCA Act was in force for 27 years during CA@SLP(Civil) No.27833-27834 of 2011 etc. etc. which no contract carriage permits were issued by the STA or RTA, and that alternative transport services adequately served the public interest. They argue that the 1976 Act, enacted under Entry 42 and with Presidential assent, created exclusive rights for KSRTC, and its repeal was a deliberate statutory measure that should not be overturned.
8.4. Financial and Operational Impact on KSRTC:
It is further submitted that, pursuant to the 1976 Act, KSRTC had acquired approximately 200 contract carriage buses, compensated the private owners, and absorbed their employees— thereby creating a statutory right and a long-
established operational framework. The abrupt CA@SLP(Civil) No.27833-27834 of 2011 etc. etc. repeal imposed an undue financial and operational burden on KSRTC, jeopardizing its economic viability and contravening the very objectives for which the 1976 Act was enacted.