The Hindu : Court refuses to stay entry of omnibuses

Online edition of India's National Newspaper
Thursday, Mar 11, 2004

New Delhi

New Delhi

Court refuses to stay entry of omnibuses

By Our Legal Correspondent

NEW DELHI, MARCH 10. The Supreme Court has declined to stay a Madras High Court judgment permitting the entry of omnibuses being operated from different parts of Tamil Nadu into Chennai.

A Bench, comprising Justice S. Rajendra Babu and Justice G.P. Mathur, issued notice yesterday to the Tamil Nadu Omnibus Operators' Association, which challenged a State Government order prohibiting the operation of omnibuses in Chennai city other than from the Koyambedu market complex bus terminal.

In its special leave petition against the High Court judgment dated December 30, 2003, the Government said the order nullified all efforts made by authorities to relieve the congestion on roads and bus stands within the city, caused by parking of stage carriage buses and contract/omnibuses. It was decided that about 2,000 such buses, carrying about one lakh passengers a day, be prohibited from entering the city and allowed to operate only from the Koyambedu market complex on the outskirts. (The High Court held that the restriction imposed only on omnibuses was unreasonable and arbitrary and that permits already granted could not be varied).

Assailing the judgment, the SLP said the High Court ought to have found that the restrictions imposed under the G.O. in question were reasonable and in the public interest.

Further, there was no enabling provision in the Contract Carriage Permit that omnibuses could be permitted to enter any part of the city to drop and pick up passengers without restriction.

The SLP pointed out that the contract carriage bus stand at Koyambedu had all facilities and it was the first of its kind in India for contract carriages. If omnibuses were allowed to enter the city it would add to congestion, the SLP said.

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