Devi v Land Transport Authority [2016] FJLTAT 9; Appeal 71.2014 (20 May 2016)

Land Transport Appeals Tribunal
Sitting At Lautoka Appeal # 71 of 2014

Between: Sumintra Devi and Suresh Chand

[Appellant]

And: Land Transport Authority
[Respondent]

Nadan Buses Ltd [Interested Party]

Appearances and Representation:
For the Appellant: Ms. Naidu (Qoro Legal)
For LTA: Mr N. Chand
For Nadan Buses Ltd: Mr V Kapadia (Sherani & Co)

Judgment

Introduction

The Appellants have appealed the decision (dated 12^th December 2014) of the LTA where the Authority had approved the amendments of Road Route Permits in favour of Nadan Buses Limited.

Grounds of Appeal

The Appellant’s grounds for appeal are as follows:

“1. That the Respondent erred in law and in fact in failing to provide reasons for its decision in approving the amendments to Road Permit.

2. That the Respondent erred in law and in fact in failing to consider that the Appellants have been providing service almost 5 years at the given route efficiently.

3. That the Respondent erred in law and in fact in failing to consider that the Residents of Vanuakula, Nabuna and Rukuruku had from several farming/rural all supported the objection for the application of amending the Road Route.

4. That the Respondent erred in law and in fact in failing to consider the Road condition and that it is along the flood prone area which is not fit for Bus operations.

5. That the Respondent erred in law and in fact in failing to take into account that there are less than 200 children in the above mentioned area.

6. That the Respondent erred in law and in fact in failing to consider the investments of the Appellants in his business by purchasing another Van registration number CR742 also for providing services in the area which is under loan and currently I am under debt almost for $69,252.00 from various banks.

7. That the Respondent erred in law and in fact in failing to consider that the Appellants were also willing to operate the transport service to the school children at the rate of 35 cents.”