The Madras High Court disposed of a Public Interest Litigation (PIL) filed seeking direction against the respondents to issue appropriate orders/ directions to all Regional Transport Authorities and the State Transport Authority to carry out vigorous checking for excess collection of fares and suspend/cancel the permit of the violators who collect fares in excess of the fares approved as per government order of 2018.
According to the Counsel for the petitioners, stringent action is not taken by the authorities against the transport operators for overcharging of the fares. The State authorities only levy the compounding fees, thereby benefiting the State only, however, the same is not a deterrent to the transport operators. They keep on overcharging the fares. Lakhs of rupees are collected by the transport operators by overcharging the fares from the common public. The authorities are required to carry out vigorous checking of collection of excess fares as approved by the government order and action also deserves to be taken against the erring transport operators as contemplated under Section 86(1) of the Motor Vehicles Act, 1988.
On the last date, the Court had observed the overcharging of the fare by the private operators and the transport corporations. The Court had also observed that coercive steps are not taken against the erring transport operators. The Court had asked the government to file a counter and explain about the steps sought to be undertaken against the erring transport operators.
A counter affidavit is filed by the third respondent (The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Ltd) referring to the circular dated 19.2.2024.. In the affidavit filed by the third respondent, it is stated that on 8.2.2024, on the instructions of the State Government Pleader, all the Zonal Officers, Joint Transport Commissioners, Deputy Transport Commissioners, Regional Transport Officers, Motor Vehicles Inspectors, including Enforcement Wings, were directed to intensify the checking in respect of the excess fare collection and to take coercive action against such excess fare collections under Section 86(1) of the Act of 1988.
It is submitted by the State Government Pleader that even compounding fees are proposed to be enhanced to Rs.15,000/-.
“Time to time, the orders are passed by this court. The authorities concerned are required to take stringent steps to curb the menace of overcharging of the fares by the transport operators. Mere levying of compounding fees would not be the only solution. The Act of 1988 and the Rules framed thereunder provide for suspension and/or cancellation of the permits also. We can understand levying of compounding fees in respect of one or two lapses on the part of the transport operators in overcharging. However, a habitual erring transport operator overcharging the fare would not be deterred by only levying compounding fees. In such cases, stringent action has to be taken against the habitual erring transport operators. The authorities shall stringently employ the provisions of the Act of 1988 and the Rules framed thereunder against the erring transport operators found collecting excess fares. It is only after the petitions are filed the instructions are given. Regular checking in respect of the collection of excess fares by the transport operators should be the rule”, the Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy observed.
The steps which are suggested in the counter filed by the third respondent shall be undertaken immediately and also the steps against the habitual erring transport operators should be taken, as observed above in the present order , the Court directed.
As far as the contention of the transport operators in Petition of 2019 that they are running deluxe buses and have represented the State authorities to take a decision with regard to the fares is concerned, the Court observed that it is for the State Authorities to take a decision in accordance with law and the provisions of the Act of 1988 and the Rules framed thereunder.