Law:

Section:

(a) Motor Vehicles Act (IV of 1939),S. 57 (3)-Application for route permit not published before meeting of Authority-Cannot be legally considered at meeting. (b) Motor Vehicles Act (1V of 1939), S. 57 (5)-Appli­cants and objectors in respect of same route must be heard in the presence of one another at public hearing. (c) Motor Vehicles Act (IV of 1939), S. 57 (3)-Reasons underlying refusal of application to be stated-Decision of Authority of quasi judicial character-Constitution of Pakistan, Art. 12-Decisions without reasons void. A decision by a Regional Transport Authority to refuse or grant permits of any kind affects the fundamental rights granted to every citizen of Pakistan under Article 12 of the Constitution to enter upon any lawful profession or occupation and conduct any lawful trade or business, subject to regulation by a licensing system. A decision in this matter is, therefore, of quasi-judicial nature and must be arrived at not on 'subjective', 'personal' or 'private' opinion but should conform to an objective standard or criterion laid down or recognised by law and the, soundness or otherwise of the determination must be capable of being tested by the same external standard. The grant of permits under the Motor Vehicles Act (IV of 1939), is not a bounty or gift from the Transport Authority. Under section 57 (3) of the Act refusal of an application for a route permit must be supported by reasons. Decisions taken by Authority in contravention of section 57 (3) of the Act are unwarranted by law and void ab initio. (d) Motor Vehicles Rules, r. 4.4 (8)-Member of Authority not present at hearing of applications participating in decisions thereof-Decisions vitiated. (e) Motor Vehicles Act (IV of 1939), Ss. 47 (1) & 57­S. 47 (1) makes it mandatory to hear objections of persons already providing facilities on route irrespective of S. 57. Whereas section 57 confers a general right on every Person to object to the giant of stage carriage permits provided he had submitted representations within the specified period. section 47 makes it mandatory on the Authority to hear objections by persons who are already providing road transport facilities along or…

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