Private Buses: HC upholds ban on private buses in city during the day |


Ahmedabad: The Gujarat high court has refused to lift the ban on the entry of private buses into city limits during daytimerejecting a petition filed by Shrinath Travel Agency which had challenged a notification issued by the city police commissioner.
The travel agency had last year filed a petition in the high court against the police commissioner’s renewed notification, which was first issued in 2004, under Section 33(1)(b) and (c) of the Gujarat Police Act, restricting the entry of private buses weighing more than 7.5 tonnes with sleeper facilities or with a capacity of 33 passengers or more into the city between 8am and 10pm.
The challenge was based on the argument that the decision is discriminatory and infringed on the travel company’s fundamental rights to carry out its business. The petition had termed the decision an “unreasonable use of power”.
On October 19, Justice V D Nanavati upheld the restriction and observed that the notification was justified considering traffic congestion in the city. Moreover, the court also took into consideration that although private buses are not allowed inside the city, travel companies can use small buses to ferry passengers to the city’s outskirts and hence their right to do business is not violated.
The travel company then challenged the single judge’s order before the division bench headed by the chief justice. Earlier this month, the division bench refused to stay the single judge’s order.
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