Ratan Chandra Das Adhikari vs The State Of West Bengal & Ors on 24 July, 2013
11) The RTA Board seems to be ignorant of Section 68(3)(ca) of the Act too. The
said provision lays down that it is the State Government that is empowered to
formulate routes. The RTA Board is also not aware that the provisions
contained in the Act as well as the old Act do not empower a permit issuing
authority to prefer a class of people while deciding to grant permits, unless
the situation is such that it is covered by the various clauses of Section
71(3)(d) of the Act. Considerations of grace, charity and compassion in the
award of permits are outside the scope of the old Act, as has been held by the
Supreme Court in its decision reported in AIR 1977 SC 1563 [Cumbum
Roadways (P) Ltd. v. Balaguru Bus Service (P) Ltd.]. The same principle
applies in respect of grant of permits under the Act too.