Atma Prakash Goel vs The State Transport Authority And ...
2002 Latest Caselaw 1781 Del

JUDGMENT

S.B. Sinha, C.J.

1. In this writ petition, which is in the nature of a public interest litigation, the petitioner has inter alia prayed for the following reliefs :-

"(i) Issue a Writ or direction by way of a Writ of Mandamus directing the respondents to implement and enforce the prescribed rates of fare on the stage carriages.

(ii) Issue a Writ or direction in the nature of Certiorari on the working of slabs on so called

and after examining the same quash the impugned slabs in the public interest.

(iii) Issue a Writ of direction in the nature of Writ of Prohibition thereby restraining the Respondent No. 3 and other stage carriers from overcharging its passengers.

(iv) Issue any appropriate Writ or direction directing the respondents to ensure the display of Table of fare in all the stage carriages invariably.

(v) Pass such other order or orders as may be deemed fit and proper in the facts and circumstances of the case which are in the interest of poor passengers in stage carriages and to meet the ends of justice.

(vi) Allow the present writ petition with costs."

2. The contention of the petitioner is that the respondent No. 3, i.e., Delhi Transport Corporation (in short, 'DTC') had been realizing fare in violation of the provisions of the Motor Vehicles Act, 1988 (hereinafter for the sake of brevity referred to as, 'the said Act') and the Rules framed there under.

According to the petitioner, the respondent No. 1 has overtly or covertly permitted the permit holders to charge whatever fare they could extract from the passengers at their whims.

It has further been submitted that certain special categories of buses are allegedly being run and the passengers are being charged at a flat rate of Rs. 10/-. It is alleged that private operators of DTC had discontinued Rs. 2/- altogether and bifurcated their long routes into smaller routes, as a result whereof the passengers are being forced to purchase the ticket twice or thrice for the single journey.

3. The respondents in their counter affidavit has inter alia denied and disputed the said allegations.

4. The Parliament enacted the Motor Vehicles Act, 1988 to consolidate and amend the law relating to motor vehicles.

5. Section 67(1)(i) of the said Act reads as follows :-

"67. Power to State Government to control road transport. -

(1) A State Government, having regard to -

(a) the advantages offered to the public, trade and industry by the development of motor transport,

(b) the desirability of co-ordinating road and rail transport,

(c) the desirability of preventing the deterioration of the road system, and

(d) the desirability of preventing uneconomic competition among holders of permits.

may, from time to time, by notification in the Official Gazette, issue directions both to the State Transport Authority and Regional Transport Authority-

(i) regarding the fixing of fares and freights (including the maximum and minimum in respect thereof) for stage carriages, contract carriages and goods carriages:

Provided that the fares and freights in respect of such stage carriages, contract carriages and goods carriages operated by battery, compressed natural gas or solar energy shall be fixed by the owner or operator;

... ... ... ... ..."

6. However, the Government of National Capital Territory of Delhi (in short, 'Govt. of NCT of Delhi') in exercise of its powers conferred upon it under Sections 28, 38, 65, 95, 96, 107, 111, 138, 176, 211 and 213 read with Clause (41) of Section 2 of the said Act framed rules known as Delhi Motor Vehicles Rules, 1993 (in short, 'the said Rules').

7. Rule 58 of the said Rules reads thus :-

"58. Route Plan & Fare Table :

Every stage carriage, which has been allotted specified route, shall carry route plan duly attested by the Secretary of the State Transport Authority showing the place of origin, termination via and detailed route it has to follow. The detailed route plans shall be exhibited inside the vehicle also giving the road map it shall follow unless specifically prohibited by the Delhi Traffic Police at the time of emergency. A fare table giving details of fare from one stage to another duly attested by the Secretary. State Transport Authority shall also be displayed permanently inside stage carriage."

8. In view of the provisions of the said Act and the said Rules, there cannot be any doubt whatsoever the respondent DTC has no authority or jurisdiction to determine the fare for the buses in violation of the statutory rules.

9. On or about 31.12.1999, the Govt. of NCT of Delhi having regard to Clauses (a) to (d) of Sub-section (1) of Section 67 of the said Act, issued the following directions to the State Transport Authority of Delhi :-

"DIRECTIONS :

1. The fares chargeable by the by the operators of stage carriages/city buses plying in the National Capital Territory of Delhi shall be as follows :-

 Distance         Fare
up to 4 kilometers      Rs. 2.00 P
From 4 kilometers up to 8 kilometers    Rs. 4.00 P
From 8 kilometers up to 12 kilometers    Rs. 6.00 P
Above 12 kilometers      Rs. 8.00 P 

 

For the 'Ltd.,' Green Line', and 'Railway Spl.' Buses the fare structure shall be ten rupees instead of six rupees."

10. It, however, appears that the respondent DTC on or about 15.10.1999 issued a notification relating to revision of fares, which is in the following terms :-

"Delhi Transport Corporation

Government of N.C.T. of Delhi

I.P. Estate, New Delhi.

NO. CGM(O)/99/226

Dated 15/10/99

SUB : Revision of Fare

The DTC Board in its meeting held on 14/10/99 vide its Resolution No. 87/99 has accorded its approval for revision of fare structure in DTC city services as per decision of the Government of NCT of Delhi, as per details given below :

 (i) Kolomiters    Rupees
    0-4    2/-
    4-8    4/-
    8-12    6/-
    12-16    8/-
    16 and above   10/-

 

For the Ltd. Green Line, Rly. Spl., the fare structure will be Rs. 12/- instead of Rs. 6/-. For the child the fare would be half of the above rates accordingly.

(ii) For Concessional Pas/Passes

Type of Pass Existing Rate New Rate

General Destination Rs. 100 Rs. 200

General All Route Rs. 250 Rs. 400

General All Route (Ltd.) Rs. 300 Rs. 450

In the case of General Destination ===== specified in the pass itself and change of bus will be allowed.

(iii) Hiking the fares for DTC bases leased out to schools buses Rs. 20/- per Km to Rs. 25 per km.

(iv) Penalty for ticket-less travel will increase form Rs. 20/- to Rs. 100.

(v) Rates of all other passes including, students, re-settlement Colony, Press and Old Age will remain the same.

2.0 Besides the above, the Board has also accorded its approval to enhance the rate of the following tickets w.e.f. 16/10/99 Types of Tickets Existing rate New Rate

(i) Palam Coach Rs. 30/- Rs. 50/-

(ii)  Tourist Buses
      Half day     Rs. 50/-    Rs. 60/-
      Full day     Rs. 80/-    Rs. 100/-

(iii) Holiday
      Excursion :
      Travel as you
      Please     Rs. 15/-    Rs. 20/-
      Rajdhani Travel
      Card     Rs. 20/-    Rs. 25/-

(iv)  Nigh Service    Rs. 6/-    Rs. 12/-

(v)   Minimum Charges
      Special Hire per
      Bus     Rs. 350/-    Rs. 450/-

 

3.0 It has also been decided to enhance fare on Interstate services for the distance traveled in Delhi based on revised fare.

4.0 All H O Ds are requested to take necessary action.

This order will come into effect w.e.f. 16.10.99.

(G.S. Chima)              

Chairman-cum-Managing Director"

11. When hue and cry was raised by the public, the respondent DTC issued a clarification on 20.10.1999 seeking to explain as to why it had to take recourse to the fare revision, which is in the following terms :-

DELHI TRANSPORT CORPORATION WHY FARE REVISION?

DTC fares have been amongst the lowest in the country. The last fare revision was in Sept.96. thereafter, there have been enormous increases in input costs, beyond control of lthe D.T.C.

Particulars Add1. Burden per month Rs. in Lakhs

Diesel prices have increased from Rs. 7.95 per ltr. to Rs. 8.49 in Jan. 97 and to rs. 10.29 in Sept.97, to Rs. 10.38 in April 99 and now to Rs. 13.91 in Oct.97) 400.00

Salaries of staff increased due to Vth Pay Commission (Dec.97), 6 DA Installments (Jan. 97 to Jul. 99), PF, Gratuity (Sept. 97). 1050.00

Road Tax, Permit fee increase (1997) 50.00

Hire charges to privatae Operators increased: Rs.8 to Rs.9 per Km. In Nov.97 and to Rs. 10./- per Km in July, 98. 300.00

total Monthly increased liabilityl since Sept. 96. 1800.00

Is it a fact that DTC is passing its inefficiency lolsses to the public? Here are a few efficiency parameters. You decide

Parameters Aug. 96 Aug. 99

Operational Fleet

Fleet Utilization(%) 48.10 85.78

No. of buses per city route 0.8 5.5

Vehicle Utilization on fleet held (kms per bus per day)

Passengers carried daily (in lakhs) 9.42 50.10

Staff per bus on road 25.46 7.75

Earning per bus per day on fleet held in Rupees

Monthly income (Lakhs Rs.) 994.80 3790.12

Whatever be its justification,s the fact remains that it had no authority or jurisdiction to determine fares or freights. It was within the realm of the authorities, who are statutory empowered in this behalf.

12. Yet recently, another notification dated 17.05.2002 had been issued by the Govt. of NCT of Delhi, Transport Department, which is to the following effect :-

"NOTIFICATION

No. 189/PA/SECY./STA/99/98. In exercise of the powers conferred by Clause (i) of Sub-section (1) of Section 67 of the Motor Vehicle Act, 1988 (58) of 1988), the Lieutenant Governor of the National Capital Territory of Delhi, having regard to Clause (d) of the said Sub-section (1) hereby issues the following directions to the State Transport Authority of Delhi, namely :-

1(a) The fares chargeable by the operators of stage carriages in the National Capital Territory of Delhi shall be as follows:- Capital Territory of Delhi shall be as follows :

DISTANCE FARE

Up to 4 Kilometers Rs. 2.00

From 4 to 8 Kilometers Rs. 5.00

From 8 to 12 Kilometers Rs. 7.00

From 12 to 16 Kilometers and above Rs. 10.00

For Green Lines nad LTDs of DTC Rs. 10.00

(b) There shall be no changes in pass charges of Delhi Transport Corporation.

(c) The above fares will be chargeable by the private stage carriages subject to the payment of following levies payable to the DTC as was decided vide Cabinet Decision No. 474 dated the 3rd January, 2000 :-

(i) Bus Queue Shalter/Stand Fee @ Rs. 2500 per month/per bus.

(ii) Bus Terminal fee @ Rs. 5000 per month/per bus.

(iii) The issue of honouring all passes issued by the DTC in Delhi by private stage carriages will, however, be subject to the outcome of the case pending with the Hon'ble Supreme Court.

2. Auto-rickshaw operators shall charge Rs. 5.00 for first kilometer and thereafter Rs. 2.50 for every additional kilometer. The waiting charges, night charges and luggage charges shall remain unchanged. The dual fare structure of CNG and petrol autos be dispensed with and a single fare structure as mentioned be accepted for all autos.

3. Taxi operators shall change Rs. 10.00 for first kilometer and thereafter Rs. 5.00 for every additional kilometer. The waiting charges, night and luggage charge shall remain unchanged. The dual fare structure for CNG and petrol taxis shall be dispensed with and a single fare structure as mentioned shall be accepted for all taxis."

13. In view of the aforementioned notifications, indisputably the respondents are bound to charge fare in terms thereof. The respondent DTC cannot charge any fare in violation of the said notification.

14. The matter came up for consideration before this Court in Sugan Chand Aggarwal v. D.T.C. and Ors. in C.W.P. No. 7016 of 1999. By an order dated 01.02.2002, one of the questions, which was considered therein, was as regards charging of fare at the rates approved by the State Transport Authority. Therein it was noticed.

"However, the petitioner states that despite the aforementioned provision, the enforcement agencies do not see to it that these terms of the permit are complied with by the Transport Authority. Mr. Shali submits that to ensure compliance, in addition to routine checking, the Transport Department shall also undertake special weekly drive, in conjunction with respondent No. 4 on a bi-monthly basis so as to see to it that the conditions of permit are complied with by the permit holder and the operators. We direct accordingly.

However, we would also direct the respondent Order 3 to open a 'grievance cell' wherein individual grievance of the passengers as regards violation of action thereupon may be taken."

15. In view of the aforementioned position of law, there cannot be any doubt whatsoever that the private operators of the respondents must charge fare in terms of the aforementioned notification and the other respondents are under the statutory duty to ensure that the same is strictly complied with.

16. For the reasons aforementioned, we dispose of this writ petition with a direction upon the respondents to ensure that the DTC and other private bus operators charge fare only in terms of the said notification. However, in the facts and circumstances of the case, there shall be no order as to costs.