SARGODHA BHERA BUS SERVICE, SARGODHA vs THE REGIONAL TRANSPORT
This matter arises from a petition seeking leave to appeal against the High Court's refusal to issue a writ quashing a decision of the Regional Transport Authority (R. T. A.), Lahore, to issue additional route permits on the Sargodha-Bhera route. The core legal question was whether the absence of rules prescribed by the Provincial Government under Section 50 of the West Pakistan Motor Vehicles Ordinance, 1965, rendered the route survey conducted by the Secretary of the R. T. A. and the subsequent issuance of permits void in law. The Supreme Court held that the High Court correctly refused the writ, ruling that the statutory duty of the R. T. A. to assess public need and issue permits cannot be stultified or delayed merely because the Provincial Government has not prescribed a particular mode for conducting the survey, especially when the public need—demonstrated by extensive overloading and passenger inconvenience—is manifest and urgent. The key principle laid down is that procedural omissions or the absence of prescribed rules by the government cannot frustrate the performance of a substantive statutory duty required to meet an urgent public necessity.
- Does the absence of rules prescribed by the Provincial Government render a route survey and permit issuance void under Section 50 of the West Pakistan Motor Vehicles Ordinance, 1965?
- Can the performance of a substantive statutory duty by a Regional Transport Authority be delayed or avoided due to the lack of a prescribed mode for conducting a survey?
- Is a route survey mandatory for determining the existence and extent of a public need for additional transport facilities?
- Section 50, West Pakistan Motor Vehicles Ordinance 1965
1. CORNELIUS, C. J.-After participating through an objection and attendance at a hearing before the R. T. A., Lahore in a proceeding held for determining the need for issue of additional route permits on the Sargodha.Bhera route, when the R. T. A. Decided to issue four further permits, the Sargodha- Bhera Bus Service (petitioners before us) moved a writ to quash the decision. The principal ground advanced was that there being no rules prescribed by the Provincial Government as provided by sec--tion 50 of the West Pakistan Motor Vehicles Ordinance, 1965, the survey of the route carried out by the Secretary of the R. T. A., under its directions, and all consequent action were void in law.
2. The High Court refused the writ, holding that the require--ment of a survey was mandatory, and could not be stultified by mere absence of prescribed rules, when the need for issue of further permits had become manifest. Leave is sought to appeal against this order.
3. The action of the R. T. A., in ordering a survey is relatable to its duty of informing itself of the existence and extent of a public need, which had been brought to its notice. The law indeed enjoins such a survey, and declares that it should be held in a mode to be prescribed by the Provincial Government, but when the need was clear and required to be met urgently, the major duty of issuing further permits was clear, and could not be avoided or delayed in fulfilment merely because nod particular mode had been prescribed. The Secretary's report refers to the relevant matters on which the decision was to turn, viz. Extensive overloading on existing licensed vehicles and the inconvenience to large numbers of passengers at terminal and intermediate points for lack of transport facilities.