VidhiSangh

Supreme Court of India · 04/11/2025

U.P. STATE ROAD TRANSPORT CORPORATION THROUGH ITS CHIEF GENERAL MANAGER versus KASHMIRI LAL BATRA & ORS

[2025] 11 S.C.R. 379 · 2025 INSC 1281

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Summary

The Supreme Court held that private operators holding inter-State stage carriage permits granted under a Madhya Pradesh-Uttar Pradesh reciprocal transport agreement made under Section 88 of the Motor Vehicles Act, 1988 cannot ply on portions of inter-State routes that overlap intra-State routes notified in UPSRTC's favour under an approved scheme. Chapter VI overrides Chapter V by Section 98, and an inter-State agreement is not law, following Adarsh Travels. The High Court's directions to countersign permits and permit pick-up and drop were set aside. The two States were asked to confer on working out the agreement in the public interest.

Issues

  1. Whether a stage carriage permit can be granted to a private operator on an inter-State route under an inter-State reciprocal transport agreement made under Section 88 of the 1988 MV Act, when part of that route is common to an intra-State route notified under an approved scheme under Chapter VI.
  2. Whether the reciprocating State's transport authority could be directed to countersign permits issued by the other State's authority for routes said to have been released on the winding up of MPSRTC.
  3. Whether the absence of the Central Government's approval under the proviso to Section 100(3) affected the notified routes relied on by UPSRTC.

Provisions considered

Held

Result

Civil appeals allowed and the High Court's judgments and orders set aside; Writ Petition (C) No. 748 of 2024 dismissed; the States of MP and UP may proceed as indicated (meeting of Transport Secretaries within three months); no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 11 S.C.R. 379.