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Appellate Side No. 22 of 1955‑56, decided on 1st March, 1956, District R. T. A., Multan.

S. 47 (1) (c)‑New permits to new company‑Not justified in absence of data necessitating additional facilities.

A Regional Transport Authority is not justified in granting new permits in the absence of statistical data necessitating provision for additional facilities to the public. Two con siderations must be kept in view: (1) that new permits should not be granted at the expense of the existing company and (2) that the existing company should not be allowed to enjoy a monopoly in transport.

Kh. Abdur Rahim for Appellant.

Sh. Bashir Ahmad for Respondent.

Leghari, Secretary, Regional Transport Authority Multan for Respondent (2).

‑The Regional Transport Authority Multan in their meeting held on 9th December 1955, granted two permits to the West Pakistan Transport Company to ply between Multan and Jehanian. The appellants i.e., the Multan Transport Company Ltd., who are in a way monopolists on this route have come up in appeal.

The main ground taken up is that efficient transport services are already supplied by the appellants and there is hardly any need for increase in transport facilities. In any case the respondent company are a new concern, have already been given sufficient business and need not be enriched any further. The main consideration which has to be kept in mind is whether the public do need an increase in transport facilities if so, further facilities should be provided but not at the expense of the existing transport company. Further it might be advisable to bring in new concerns in transport so that existing transport companies are not made into monopolist combines or cartels. The general impression that I get from the Secretary R. T. A. is that greater transport facilities are needed as the number of travelling public is steadily going up at an increasing rate. Unfortunately none of the Regional Transport Authorities have collected reliable data which would indicate the extent of this increase though this should have been one of their primary concerns before granting new route permits. Jehanian undoubtedly is an important town in the Multan District and needs connection with Multan which is the headquarters of the district and also of the Division. Both are good business centres. In the absence of any data, it is nevertheless difficult to judge accurately whether the action taken by the Regional Transport Authority in granting two new route permits is justified or not. I' have already observed in some appeals to‑day that it would be advisable for the Regional Transport Authorities in the absence of any reliable statistics to proceed slowly in increasing transport facilities so that the provisions of section 47 (1) (c) of the Motor Vehicles Act are duly kept in view. One of the ways to persuade the Regional Transport Authority to follow a scientific method, is to accept the appeal and direct that they should reconsider the matter after collecting reliable statistical information regarding the extent of increase in the number of travelling public so that they are able to gauge more accurately what the requirements are for which they should make the necessary arrangements and I order accordingly. The Regional Transport Authority will undoubtedly keep in mind the claims of the existing transport companies and also of the West Pakistan Transport company.

A. H. Appeal accepted.

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