‘We hold that the judgment reported in Karnataka State Road Transport Corporation, Bangalore Vs. B.A. Jayaram and others - 1984 (Supp) SCC 244 is no longer a good law’, said the Bench.
A Constitution bench of the Apex Court in G.T. Venkataswamy Reddy vs. State Transport Authority has held that no private Bus operator can operate his vehicle on any part or portion of a notified area or notified route unless authorized so to do by the term of the scheme itself. The Bench comprising of Chief Justice of India T.S. Thakur, Justices Fakkir Mohamed Kalifulla, S.A. Bobde, R. Banumathi and Uday Umesh Lalit, said that the private operators may not operate on any part or portion of the notified Route or Area on the mere ground that the permit as originally granted to him covered the notified Route or Area.
The Bench has also made some important observations with regard to relevant provisions of the Motor Vehicles Act, 1939 which pertain to the statutory prescriptions concerning grant of variation as well as the requirement for the counter signature respectively. The Bench observed:
Finally the Bench has answered the reference as follows:
“Having regard to the above propositions, which we are able to arrive at, we hold that the judgment reported in Karnataka State Road Transport Corporation, Bangalore Vs. B.A. Jayaram and others - 1984 (Supp) SCC 244 is no longer a good law and the decision reported in Pandiyan Roadways Corporation Ltd. Vs. M.A. Egappan - (1987) 2 SCC 47 stands approved which is in tune with the Constitution Bench decision reported in Adarsh Travels Bus Service and another Vs. State of U.P. and others -Page 42 (1985) 4 SCC 557 and the observations made in R.Raghuram Vs. P. Jayarama Naidu and others – 1990 (supp) SCC 361 stands approved”.
Read the Judgment here.