Suspend Their Permits: Calcutta HC Directs Inspection Of Buses Plying Through Esplanade To Check For Repeated Violation Of Permit Conditions

The Calcutta High Court has directed the State's Transport Department and police authorities to conduct inspections on all buses entering the city's Central Business District (CBD) in the Esplanade-Central Bus Terminus Area, to check for alleged repeated violations of permit conditions. 

These observations came in a plea alleging that pursuant to an earlier order of the Court, the State had come up with Regulations restricting the movement of buses in the CBD, and had stopped issuing permits for plying altogether after 2004.

In holding that merely fining the buses that were plying unauthorisedly would not serve any purpose, and that their permits would need to be suspended altogether, a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya held:

"It appears that the transport dept has not been effective in the matter, which has been taken advantage of by the persons who ply the buses unauthorisedly. Therefore the transport dept is directed to form a team of officers and conduct a thorough check of all the vehicles plying through the area for valid permits. If not available, the vehicle be detained. If the fine had been paid earlier and still they are violating, then permits should be suspended before a show-cause notice is issued prior to cancellation. Unless strict action is taken by the dept, this illegality cannot be prevented. In order to assist, the police shall provide adequate assistance." 

Petitioner contended that although buses were not issued any permits to ply in the aforesaid route after 2004, many private buses continued operating on the route without authorization by paying the fine every time they were caught. 

Court questioned the Government Pleader as to why those without permits were being allowed to ply on the route when there were other buses plying in an authorized manner. 

"The report which we filed in June 2023 states that action was taken against the offending vehicles from the Dy Commissioner of Police about the fine imposed and steps taken. The State transport authority also issues permits apart from the Regional transport authorities. Some buses plying are doing so illegally. We issued show cause notices, but after that what happened I do not know," it was submitted.

Accordingly, the Court ordered an inspection to check for repeat offenders to commence from 22nd January 2024.

Case: Kakali Datta v State of West Bengal

Case No: WPA(P) 36/2023