Dalip Chand & Son Ltd v Land Transport Authority [2018] FJLTAT 11; Appeal 41.2017 (13 July 2018)

Land Transport Appeals Tribunal
Sitting @ Labasa

Appeal # 41 of 2017

Between: Dalip Chand & Son Limited

[Appellant]

And: Land Transport Authority
[Respondent]

Coastline Buses Limited

Rajendra Deo Prasad T/A Northern Buses

[Interested Parties]

Appearances:

For the Applicant: Mr. A. Pal On instructions of Mr A. Sen.
For LTA: Ms. V. Naisilasila.
Rajendra Deo Prasad: Mr A. Pal.
For Coastline Buses: No Appearance at Hearing.

Date of Hearing: 8^th June 2018.

Judgment

Introduction

The Appellant, Dalip Chand and Son Limited has appealed against the decision of the LTA to grant to Coastline Buses Limited amendment of RRL 12/23/33 for the Nakowaqa/Savusavu/Nakowaqa route.

The appeal is by way of a letter and the grounds for appeal can be briefly summarised as:

(a)Dalip Chand had also applied for the route – had competing application.
(b)No company had the route in their RRL.
(c) Coastline was operating the route illegally.
(d) Expression of interest should have been called for by the LTA for the route.

The Function and Powers of the Tribunal

The functions and powers of the Tribunal are noted.
The Submissions

The written and oral submissions have been noted.

Mr A. Pal (for the Appellant) – “Competing applications. Dalip had competing applications. Annex “9” – Decision letter to Coastline on 2^nd May 2017 decision letter to Dalip Chand. Rely on letters as grounds of appeal (26^th April 2017. Need to look at copy records and PSV guidelines. A decision letter given to Dalip Chand. Need to be part of the records. Seek Tribunal look at the letters issued by LTA to Coastline and Dalip Chand.

2^nd May and 8^th August 2016 to Dalip Chand. 14^th October 2016 to Coastline relate to same route and same application. Dalip Chand filed application first. It was assumed that it would be put in records. (as letters are LTA issued letters Tribunal should look at it. Consider it relevant in the interest of justice.

2 decision letters. Approval letter for Coastline. Sent to Dalip Chand on 2^nd May 2017. 2 different reasons given. We applied 1^st. we were 1^st in time with application. Copy ecords page 277 route 562. No Nakowaqa in the route. Page 276 no Nakowaqa in the route. Kakowaqa falls before Nabale junction, along Coastal Road is separate road is about 9km long.