VidhiSangh

Supreme Court of India · 26/09/2018

AMBALA BUS SYNDICATE PVT. LTD. versus CHANDIGARH ADMINISTRATION & ORS.

[2018] 13 S.C.R. 458 · 2018 INSC 895

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Summary

The Supreme Court restored the Single Judge’s ruling permitting the appellant to obtain Chandigarh countersignatures for qualifying non-air-conditioned stage-carriage permits under the 2008 reciprocal agreement with Punjab. The agreement expressly accommodated private operators with permits issued before 1 November 1966, subject to verification and the specified legal conditions. Section 98’s overriding effect arose only upon inconsistency, which the Court found absent here. The arrangement remained operative pending a superseding agreement or contrary new scheme, while Punjab continued renewing the qualifying permits. Consequential action was directed within four weeks.

Issues

  1. Whether the 1998 scheme, as amended in 2001, defeated the qualifying operator’s rights under the 2008 reciprocal agreement.
  2. Whether Chapter VI’s overriding clause required refusal of countersignature despite that agreement.

Provisions considered

Held

Result

Division Bench order set aside and Single Judge’s order restored. Consequential action directed within four weeks; appeal disposed of without costs.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 458.