The Kerala High Court dismissed a Public Interest Litigation (PIL) seeking directions to the respondents to restore the operation of all buses of Kerala State Road Transport Corporation (KSRTC) and Kerala Urban Road Transport Corporation (KURTC) docked in various depots and yards by repairing the entire vehicles, within a time frame.
The grievance of the Petitioner is that KSRTC has purposefully curtailed their services by canceling more than 1750 schedules per day, which forced the passengers, especially the employees, working in Government and private sector, to opt parallel services of contract carriage vehicles operating almost all the districts in Kerala. Petitioner has stated that KSRTC is a Government undertaking, established in 1965, under Section 3 of the Road Transport Corporation Act, 1950. According to him, KSRTC is the successor of Travancore State Transport Department, established in 1938, by His Highness “Sree Chithira Thirunal Balarama Varma” under the supervision and guidance of Mr. “Salter”, an efficient Engineer from England. Now, the KSRTC owns 413 acres of land, 6380 buses, 93 depots and around 28000 permanent staff. The sanctioned fleet strength of KSRTC is 5500 schedules per day with sanctioned driver and conductor strength of 14976 each.
Petitioner has further stated that after the second wave of COVID-19, the above fleet strength was purposefully curtained or reduced to 2800-3200 schedules per day, by keeping around 2800 buses idle, in various yards. During the first wave of COVID-19 pandemic, there was a specific direction to protect the vehicles by starting the same daily with a short run. But, during the second wave, a specific direction was issued to dock all the vehicles in various yards by removing battery and diesel.
Relying on a newspaper report dated 18.11.2021, petitioner has stated that all the tyres were removed and replaced with dummy tyres. Now the above said vehicles were abandoned in various depots and yards. In addition to that, the buses decked due to minor repairs were also abandoned and turned into scrap. No sincere efforts have been made by the management to repair the same and restore the operation in its original sanctioned strength.
Petitioner has further stated that it is evident from the report that the value of the abandoned vehicles will come to around 700 Crores. However, KSRTC is moving ahead with tender notification, inviting private operators to take their buses on long lease for operating superclass permits.
It is submitted by the Petitioner that KURTC is a subsidiary corporation of KSRTC, established in 2015, as per G.O.(Rt.) No.454/2014 dated 09.10.2014, to provide effective, adequate, economical and properly coordinated road transport service in urban and city areas. According to the petitioner, KURTC own 719 buses provided by the Central Government from Jawaharlal Nehru Urban Renewal Mission (JNNRUM). Out of 719 buses, 190 are Volvo A/c Low Floor buses with market price of Rs.94.5 lakhs per vehicle.
Petitioner has also stated that out of 190 Volvo buses, only 40 buses are used for operation and other vehicles are kept idle and dumped in Thevara headquarters and Ernakulam, as evident from photographs. According to the petitioner, the office of KURTC, Thevara is also closed down and a notification is issued in that regard, to let out the building.
Referring to online media, petitioner has stated that the steep fall in the number of transport buses in Kerala is very helpful for aggressive contract carriages, operating with the silent consent of police and motor vehicle department. Mismanagement, misuse of official power, lack of experts, deficiency of funds and shortage of spare parts are the main reason for keeping the vehicles in various yards. However, management is trying to buy new buses in the name of K-Swift by spending Crores of rupees from KIIFB. In addition, petitioner has contended that the KSRTC and KURTC are creating problems by denying Government aid and funds and making public opinion that KSRTC is a white elephant .
Petitioner has further stated that it is an admitted fact that travelling public are the real sufferers and victims for the unfair and unethical decision of Corporation officials. State Transport undertakings are established to maintain monopoly in the public transport sector by notifying routes to provide efficient, adequate, economical and properly coordinated road transport services for poor and needy passengers. But, the Government and the management are purposefully creating an atmosphere with an intent to wind up the Corporation to help the private bus operators.
He has also stated that KSRTC officials are very crazy in availing funds from KIIFB for purchasing brand new buses by spending Crores. The interesting thing according to the petitioner is, the company has no permanent and experienced employees, operational expertise and infrastructural facilities, however, KSRTC is going to take the buses of the company. According to the petitioner, as per the memorandum of association of the company, and Government orders, KSRTC will take the vehicle of K-Swift, for long distance service by availing managerial, technical, infrastructural and operational expertise on lease.
Going through the counter affidavit filed on behalf of respondents the Bench noted that Kerala State Road Transport Corporation has formed an expert committee consisting of Assistant Works Manager (District Level), Regional Works Manager, Faculties/retired faculty from Government Engineer College/IHRD/LBS/ Mechanical Engineer from Motor Vehicles Department. Said committee has physically verified all the reserve pool buses and decided to scrap the same. On the basis of the expert committee report, KSRTC has removed the usable parts from the recommended buses and the remaining body parts are being auctioned through private Limited. From the photographs , the Bench noted the KSRTC buses parked in Enchakkal yard during COVID-19 lockdown period. According to the KSRTC, the photographs are only a static condition of COVID-19 pandemic on KSRTC services.
The counter affidavit makes it further clear to the Court that after the lockdown has been lifted by the Government, KSRTC has not observed any drastic increase in the demand for super-class buses. Now, KSRTC is operating all the super-class (Fast passenger and above) buses that were operated prior to the COVID-19 pandemic situation. KSRTC has increased the schedule of operation as existed before COVID, and now, 3800 services on a average are operated daily. When the age of the bus increases, repair and maintenance costs will also increase.
Going through the statements made in the counter affidavits filed on behalf of respondents , the High Court deduced that there is no purposeful act on the side of the Government or KSRTC management to dump the buses and curtail the services to bring panic or difficulty to the public, as contended by the petitioner.
“Allegations made by the petitioner are substantially refuted by the respondents, with documents. Writ petition has been filed, without ascertaining the true facts. Further, no material has been produced by the petitioner, except some photographs and newspaper reports, in order to substantiate the contention as regards the mismanagement of KSRTC, relating to the vehicles dumped and turning to scrap”, the order reads.
Kerala High Court dismisses PIL seeking directions to restore operation of KSRTC buses
