Bilaspur Niji Bus Malik Sangh vs State of Chhattisgarh and Others

Prashant Kumar Mishra, J.—This writ petition has been preferred by the private bus operators of Bilaspur seeking a direction to the respondent/authorities to allot the office and basic amenities to the bus operators before shifting to New Bus Stand and further to extend the shifting of Old Bus Stand to New Hi-tech Bus Stand, Tifra only after developing the necessary infrastructure. Petitioner has also prayed for a direction to the respondent/authorities to frame guidelines and pass common order for all permits pertaining to the commencing place and insurance of vehicle and fix the rate for extra distance. When the matter was taken up for hearing on admission in the first round, this Court directed the respondents to seek instruction from respondent No. 4 and respondent No. 2.

The Manager In-charge on behalf of respondent No. 3 and the Regional Transport Officer, respondent No. 4 are present in Court.

Shri Vivek Verma, learned counsel for the petitioner would argue that section 117 of the Motor Vehicles Act, 1988 read with Rule 204 of C.G. Motor Vehicles Rules, 1994 provide for parking places and halting stations and for maintenance and management of stands respectively. Under the said provision of law the respondents are obligated to provide basic infrastructure facility before commencing operation of the New Bus Stand, however, there is no place available for office of the private bus operators, therefore shifting should not be permitted. He would also submit that the respondents are duty bound to allot office space and also frame guidelines for all permits which mentions station of origin as Bilaspur and the insurance of the vehicle is also fixed in accordance therewith, failing which there shall be difficulty for the bus operators.

Shri Sanjay K. Agarwal, learned Advocate General along with Shri Satish Gupta, Government Advocate appearing for respondents Nos. 1 and 4 and Shri Ayaz Naved, learned counsel appearing for respondents Nos. 2 and 3 would submit that the administration is seriously concerned about the shifting of bus stand and all possible steps are taken for the said shifting in quite promptitude and in right earnest considering the huge pressure of traffic on the Bilaspur town. They would submit that in W.P.C. No. 6123/2011 this Court has also issued direction for finding immediate solution of the traffic problem in the city and for this reason also administration is taking effective steps for shifting of the new bus stand which was earlier not possible on account of pendency of other writ petitions before this Court. According to them the new Hi-tech Bus Stand provides for the following infrastructure facilities:--

Thus, stand taken by the respondents are that all such facilities which should be provided under Rule 204 of the Rules, 1994 have been provided in the new bus stand and for sorting out further problem of the bus operators and the members of public in general a meeting has been convened in the office of District Collector on 27-6-2012 for which notice has also been issued to the petitioner, Association.

Having heard learned counsel for the parties, this Court is of the considered opinion that the relief prayed for in this writ petition cannot be granted as they are vague and omnibus.

No direction can be issued under Article 226 for changing timing of the buses and its originating station. Similarly, writ Court cannot issue a direction to change any terms of the insurance policy which is a contract between the owner of the bus and the insurance company. Similarly, shifting of bus stand cannot be stayed or cannot be kept in abeyance merely because few offices as claimed by the petitioners are not available and more so when such facility was never extended to them by the State Government/its Authority in the Old Bus Stand as has been stated by learned Advocate General.

This Court is also concerned about the growing volume of traffic in the city of Bilaspur. It is high time that the administration should not delay the shifting of the bus stand and any problem in that regard should be sorted out and all possible endeavor should be made by the authorities to redress the grievances. This Court understands that such redressal may take some time but shifting of bus stand cannot be delayed on this count more particularly when basic infrastructure facilities, as mentioned in preceding paragraph of this order has been made available by the respondents. With the above observation, the writ petition stands dismissed, however the petitioner, Association would be at liberty to raise their grievance in the meeting convened in the office of District Collector, Bilaspur on 27-6-2012 and respondents shall consider their grievance in a bona fide and sincere manner.

C.C. as per rules.