Where a scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme:
Provided that where no application for a permit has been made by the State transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or route.
Legal Commentary & Landmark Judgments: Section 104
Section 104 of the Motor Vehicles Act, 1988 imposes a categorical statutory embargo prohibiting Transport Authorities from granting or renewing any private carriage permits in respect of a notified area or route except in strict accordance with an approved scheme, permitting temporary private permits only when the STU has omitted to apply.
In transport litigation, use Section 104 r/w Adarsh Travels to challenge any back-door permits granted to private operators on nationalized trunk routes under the pretext of 'corridor protection' or 'overlapping segments'. For private operators holding temporary permits under the proviso, continuously track STU fleet filings, as issuance of an STU permit causes instantaneous statutory termination of the temporary permit.