Sites Intended To Function As Bus Or Taxi Stands Must Be Officially Notified By Govt After Consulting Local Authorities: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that any site intended to function as a bus or taxi stand must be officially notified by the government or an authorized officer, who is required to consult local authorities beforehand.A Division bench of Justices Sanjeev Kumar and Rajesh Sekhri underscored that if the proposed stand falls within the jurisdiction of a local body, such...
The Jammu and Kashmir and Ladakh High Court has reiterated that any site intended to function as a bus or taxi stand must be officially notified by the government or an authorized officer, who is required to consult local authorities beforehand.
A Division bench of Justices Sanjeev Kumar and Rajesh Sekhri underscored that if the proposed stand falls within the jurisdiction of a local body, such as a municipal council, the consent of that authority is mandatory before designating the location as a stand for contract carriages.
Citing Section 117 of Motor Vehicles Acts, 1988 the court opined,
“From reading of Section 117 (supra), it clearly transpires that a place to be used as bus stand is required to be notified by the Government or an authorized officer in this behalf in consultation with the local authority. If the stand to be notified is within the jurisdiction of a local body like Municipal Council, the consent of such authority is necessary before the Government or its authorized officer notifies a particular place as a stand for contract carriage”
This observation came in a plea where the court examined an appeal by Taxi Sumo Stand No.1 from Anantnag. The appellants challenged an order from the Municipal Council, Anantnag, directing them to relocate their taxi stand. This directive, initially issued on February 3, 2020, was intended to alleviate severe traffic congestion in the area but was contested by the taxi stand operators.
The appellants contested this directive before a single-judge bench, arguing that only the government or a designated officer had the power under Section 117 of the Motor Vehicles Act, 1988, to designate or relocate a taxi stand.
The single judge upheld the municipal decision, reasoning that matters like public transportation locations fall under government policy and thus do not warrant judicial interference unless shown to be unconstitutional or arbitrary.
The appellants contended that the Municipal Council lacked the authority to relocate the stand without government notification and claimed that the relocation would deprive them of their livelihood. They further asserted that they had a right to operate from the original site under their registration with the Labour Department.
The respondents, including the Deputy Commissioner of Anantnag, countered that the temporary permission had expired in 2019, rendering the stand's operation unauthorized. They argued that the new site was only 100 meters away and offered a feasible solution to the congestion issue, which was worsened by vehicles spilling over into narrow roads.
Court Observations:
The division bench carefully reviewed the case, particularly focusing on Section 117 of the Motor Vehicles Act, 1988. Citing this provision, the court underscored the legal requirement for government authorization in consultation with local authorities before designating any area as a stand for buses or taxis.
The bench clarified that the consent of the Municipal Council was essential in this instance and that the appellants' reliance on their Labour Department registration did not replace the need for compliance with the Motor Vehicles Act.
The court further dismissed the appellant's claim that the Municipal Council could not revoke the initial permission from 2018, emphasizing that this authorization was temporary and had expired in 2019. Consequently, the appellants' continued use of the site was deemed unauthorized.
Upholding the Municipal Council's directive with modifications the observed that the appellants had no legal right to operate from Mehandi Kadal beyond the one-year period granted in the 2018 notification.
With a view to serve the ends of justice and to rehabilitate the appellants the Deputy Commissioner, Anantnag, was instructed to ensure that a plot of land at the newlocation would be made available to the appellants on a lease or license basis, free from encumbrances. Further the Transport Commissioner was directed to issue an official notification designating the new site as a taxi stand.
The appellants would be permitted to continue operating from the original stand temporarily, pending the setup of the new location, after which they would be required to move, the court concluded.
Case Title: Taxi Sumo Stand No 1 Vs UT Of J&K
Citation: 2024 LiveLaw (JKL) 307