Case Details

Citation(s)
1963 SLG 3161 = 1963 SLD 3161 = 1963 PLD 21
West Pakistan
Appeal No. 82 of 1961-62, decided on 22nd April 1962 District Lahore.
Presented By: S. M. Ikram, Member Board of Revenue, West Pakistan
Sardar Muhammad Iqbal for Appellants.   Qureshi Mahmud Ahmad, Saeed Akhtar and Sardar Muhammad Zafarullah Khan for
Respondents.

  HAMID BUS SERVICE, LTD., MIANWALI Appellant  

VERSUS

  THE REGIONAL TRANSPORT AUTHORITY, LAHORE AND OTHERS-Respondents  

Law: Motor Vehicles Act, 1939

Section: S. 48-R. T. A

(a) Motor Vehicles Act (IV of 1939)----   ----S. 48-R. T. A competent to take decision limiting number of stage carriage permits etc., in region or in any specified area-S. 47 to be complied with before taking action under S. 48.   Under section 48 of the Motor Vehicles Act, 1939 a Regional Transport Authority can take a decision about limiting the number of stage carriage permits etc. "in the region or in any specified area", but even under section 48 this step can be taken by a Regional Transport Authority only "after consideration of the matters set forth in subsection (1) of section 47." Observance of the provisions off section 47 is, therefore, essential, before section 48 comes into operation, and a general decision with regard to stage carriage, permits "in the region or in any specified area" will not be valid without observance of the provisions of section 47.   (b) Motor Vehicles Act (IV of 1939)------   ----S. 62 (c)-Need for increased transport facilities established-Suitable number of temporary permits can be issued.  ORDER   This order will deal with the following cases in which appeals have been filed against the decisions taken by the Regional Transport Authority, Lahore, at its meetings held on 9/10th February 1962, granting route permits to the respondents on the routes indicated :- Case No. Route Appellants Respondent R. O. A. M. 82 of 1961-62 Lyallpur to Jauharabad Hamid Bus Service, Sargodha and 35 others. R.T.A., Lahore R. O. A. M. 81 of 1961-62 Lahore to Mianwali Hamid Bus Service, Sargodha and 18 others. R.T.A., Lahore R. O. A. M. 100 of 1961-62 Khushab to Mianwali Hamid Bus Service, Sargodha and 3 others: R.T.A., Lahore R. O. A. M. 101 of 1961-62 Mianwali to Piplan Hamid Bus Service, Sargodha and 2 R.T.A., Lahore     others.   R. O. A. M. 174 of 1961-62 Sargodha to Lahore Tariq Transport Company, Lahore and 14 others. R.T.A., Lahore     As the route permits were granted in accordance with the same policy, contained in an identical preamble to orders of grant, they are being disposed of simultaneously. Originally these cases were fixed for 23rd April…
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