Home Uttarakhand HC stays bus permits for Tata Magic Vehicles over classification dispute

HC stays bus permits for Tata Magic Vehicles over classification dispute

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By Arun Pratap Singh
Garhwal Post Bureau

Nainital, 23 Sept: The Uttarakhand High Court today issued an interim order staying all bus permits granted to Tata Magic vehicles, commonly known as ‘Chhota Haathi’, in response to the petitions filed by the bus owners operating their buses in cities like Dehradun. These bus owners have strongly opposed the classification of Tata Magic vehicles as buses. The matter came up for hearing before the bench in Nainital after widespread objections were raised against the State Transport Corporation’s decision to treat these small vehicles as buses.

The Court directed that all such permits stand suspended until further orders and has fixed 25 September as the next date of hearing. In line with its earlier directive, the Transport Commissioner appeared before the bench through video conferencing. During the proceedings, the bench raised pointed questions, asking how a vehicle with eight to nine seats could be classified as a bus when the Automobile Act lays down specific criteria for buses in terms of seating capacity and structural framework.

The Transport Commissioner submitted before the Court that provisions for such permits exist under the Motor Vehicles Act but the Court did not appear to be satisfied with the explanation and asked him to file a detailed clarification by 25 September.

The petitioners, including Dehradun-based bus owner Vijay Vardhan Dandriyal, argued through their lawyers that the operation of Tata Magic vehicles has adversely affected traditional bus services. They contended that unlike regular buses which follow fixed schedules and operate from designated stands, Tata Magic vehicles depart as soon as they gather a handful of passengers, whether from Delhi, Rishikesh or even private venues such as weddings. This, they submitted, violates the operational norms of buses and leads to disorder at bus stands.

Dandriyal claimed that in Dehradun alone nearly 5,000 Tata Magic vehicles have been issued bus permits. He alleged that these small vehicles occupy bus stand space and attract passengers away from regular buses, resulting in financial hardship for established bus operators. The petitioners demanded that the permits granted to such vehicles be cancelled in the interest of fair regulation and the viability of the bus industry.

The High Court’s interim stay has provided temporary relief to bus owners, but the bigger question is whether Tata Magic vehicles will be permitted to operate as buses or whether they would be classified in some other category of vehicles like Vikrams. Tata Magic was currently working as a good option for those seeking cheap public transport and many routes where these vehicles operate are not wide enough for the operation of buses.