Motivated To Earn Profit: Calcutta HC Dismisses Bus Operators' Plea Seeking Right To Determine Fares

The Calcutta High Court has recently dismissed a plea moved by Bus and Minibus Operators' Associations seeking the operators' right in the matter of determination of fares in a manner proportionate to hike of the market price of fuel on the ground that such fixation of fares lies squarely within the authority of the executive. The Court further noted that there is nothing in the scheme of the act to divest the State Government of the power vested in it to control road transport and to determine the fare structure and that such discretionary power of the State cannot be enforced at the whim of the operators, whose primary interest would be to earn profits from their business. Opining that the State must balance competing interests, the Court observed further, "It is for the State, according to its policy decisions, to balance the equities between the interest of the passengers/consignors and owners/operators, to strike the right chord insofar as the business interest of the operators is not hampered on the one hand and on the other, that the interest of the common citizens is not affected adversely." Thus, dismissing the plea filed the Court observed, "In the event the operators have a hand in the determination of freights/fares, the very purpose of regulation of such fares and freights will be frustrated, inasmuch as the motivating factor for the operators would be profits, as opposed to the interest of the consumers."