Coming to the rescue of private bus operators and owners, the High Court of Karnataka has directed the Transport Department not to hand over private buses, on their seizure for violation of various laws, to the State-owned public transport corporations as such actions amount to handing over of the buses to “rival operators”.
Also, the High Court said in the event the seized buses cannot be released by taking indemnity bonds with surety or with other measures, then the vehicles should be kept under the custody of the transport authorities themselves, who would be having responsibility of maintaining the buses in good and proper conditions till they are released to the operator/owner.
Justice Huluvadi G. Ramesh issued the directions while disposing of a petition filed by S.R.S. Travels, Bengaluru, complaining that the buses seized for violation of Motor Vehicle Acts and Rules were being handed over to rival operators such as Bangalore Metropolitan Transport Corporation (BMTC) and Karnataka State Road Transport Corporation (KSRTC) until the legal proceedings are completed.
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For the purpose of taking the buses into custody, the court said, the officer concerned would have to compulsorily make inventory of the seized vehicles so that there should not be any monetary loss to the private bus operator/owner because of improper maintenance or negligence on the part of seizing authority.
Relying on verdicts of the apex court, Justice Ramesh said that though the public transport corporations were under government, they had to be treated as “rival operators.” Not maintaining the seized buses in good condition by the transport authorities would be detrimental to the private operators or bus owners, and authorities could desist from keeping the buses in their custody for minor violation of law.
The petitioner had complained that it had to spend huge sums for restoring the condition of the buses as seized buses were not maintained properly when they are in the custody of the BMTC or the KSRTC.
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