Is the distance between Delhi and Lahore 540km or is it 514km? The Delhi High Court on Monday said this dispute between the Delhi Transport Corporation and a company running Volvo bus service between the two cities of the neighbouring countries be resolved through arbitration and that the DTC appoint an arbitrator within two weeks.
A Bench of Justice Manmohan said the dispute and the demand for a survey to measure the distance is not to be decided by the court by way of a writ as it does not violate any fundamental right of Libra Bus Service, the company running Volvo bus service as per Association of State Road Transport Undertakings agreement with DTC.
The court’s order came on a plea by Ludhiana-based Libra Bus Service which has been running Volvo buses on Delhi-Lahore route in agreement with DTC since 2004.
The agreement between the two was renewed in 2009 till November 2014. The fresh agreement also mentioned the distance to be 540 km from Delhi to Lahore and the company was paid by DTC according to the kilometres covered.
The company’s counsel R.K. Kapoor said in 2009 that the speedometer of one of the bus turned defective and recorded a reading of 982 km for return journey meaning 491 km one way. On the basis of this reading, a notice was issued by DTC demanding a recovery of over Rs.8.18 lakh.
Mr. Kapoor said the DTC started deducting money from future payments too and claimed by way of an RTI response that even DTC buses on the same route registered a distance of 540 km.
It was then that the company moved the High Court seeking “direction to the DTC to conduct a joint survey of Delhi to Lahore route for measuring the exact distance of the said route”.
“The speedometer of the bus in question was later found to be defective. I want DTC to take its vehicle for a joint survey and we will also accompany them to Lahore and then see what is the distance recorded. I am ready to bear all expenses of fuel and other things,” company’s counsel demanded, adding that the DTC be directed to pay it on the basis of 540 km as earlier.
He said instead of accepting the repeated requests for a survey, DTC was relying on information by a third party namely Pakistan Tourism Development Corporation in response to its 2010 request letter which pegs the distance at 514 km.
Government’s counsel Sumeet Pushkarna, appearing for DTC, questioned the petition’s maintainability and said the dispute can be resolved through arbitration.
“This court is of the view that a remedy by way of writs has to be admitted only in appropriate cases like violation of fundamental rights, principles of natural justice. In the present case, dispute between parties namely the distance between Delhi and Lahore does not violate any fundamental right of the petitioner,” the court said.
Noting that the matter can be settled via arbitration, it directed the DTC Managing Director to appoint an arbitrator in two weeks and also that the matter be decided as expeditiously as possible.
