Sk. Raidul Islam Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Sk. Raidul Islam Vs the State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order of rejection dated 14.06.2024 quashed and set aside; respondent No. 2 directed to revisit the issue within 8 weeks from receipt of the feasibility report and pass a reasoned order after affording hearing, communicating the decision within a week thereafter; motor vehicle inspector to conduct route inspection and file feasibility report on viability of an alternative route avoiding the Howrah Bridge approach; writ petition disposed of without expressing opinion on merits.

Issue for consideration

Whether the resolution dated 14.06.2024 of the State Transport Authority, West Bengal rejecting the petitioners' application for a new permit on the Balipanda to Kolkata Station route, founded on judgment FMA 604 of 2004 and Notification 3438 WT/3M-139/2004 barring new permits touching/originating/terminating in the Central Business District and the approach area of Howrah Bridge, is sustainable. +1 more

Court's answer

The order of rejection dated 14.06.2024 refusing grant of a new permit is arbitrary, misconceived and passed without proper application of mind; the same is quashed and set aside.

Ratio / Principle

A proper inspection of the route in question is required to arrive at a logical conclusion on whether the permit is permissible by diverting to an alternative route without touching the approach areas of Howrah Bridge.

Key takeaways

Respondent No. 2 is directed to revisit the issue within 8 weeks from receipt of the feasibility report and pass a reasoned order in accordance with law on the basis of the report, after affording opportunity of hearing to the petitioners and other interested persons, communicating the decision within a week thereafter.ratio¶19
Prior to the authority's decision, the motor vehicle inspector shall make a route inspection and file a feasibility report before the authority concerned after ascertaining the viability of incorporating an alternative route in the existing route without disturbing the harmony of the existing route.ratio¶20

Detailed headnote1 paragraphs

Permit — stage carriage route Balipanda to Kolkata Station (via Pingla, Mundamari, Balichak Station, Debra NH6 Panskura, Mechogram, Kona More, KCBT At Santragachi, Belepole, Howrah LDBT, Foreshore Road, Vidyasagar Setu, Rabindra Sadan, Minto Park, AJC Bose Road, Moulali, Sealdah, Shyambazar, RG Kar Hospital) — application for new permit rejected by resolution dated 14.06.2024 of the State Transport Authority, West Bengal, relying on judgment FMA 604 of 2004 and Notification 3438 WT/3M-139/2004 barring new permits touching/originating/terminating in the Central Business District (Esplanade and Band Stand in Kolkata, Howrah Station) and the approach area of Howrah Bridge (Rabindra Setu) — petitioner offered not to ply via Howrah LDBT; State sought deletion of Foreshore Road segment as highly congested and approaching Howrah Bridge — held, rejection arbitrary, misconceived and passed without proper application of mind; quashed and set aside — proper route inspection required; motor vehicle inspector to file feasibility report on viability of alternative route avoiding Howrah Bridge approach without disturbing harmony of existing route — respondent No. 2 to revisit within 8 weeks of receipt of report and pass reasoned order after hearing, to be communicated within a week thereafter — writ petition disposed of without taking exception to the merit of the case (Smita Das De, J.).