Dalip Chand & Son Ltd v Land Transport Authority [2018] FJLTAT 12; Appeal 42.2016 (13 July 2018)

Land Transport Appeals Tribunal
Sitting @ Labasa

Appeal # 42 of 2016

Between: Dalip Chand & Son Limited

[Appellant]

And: Land Transport Authority
[Respondent]

Rajendra Deo Prasad T/A Northern Buses

[Interested Party]

Appearances:

For the Applicant: Mr. V. Kapadia.
For LTA: Ms. V. Naisilasila.
Rajendra Deo Prasad: Mr A. Pal.

Date of Hearing: 9^th March 2018.

Judgment

Introduction

The Appellant, Dalip Chand and Son Limited has appealed against the decision of the LTA to cancel its Salusalu Street Route and grant temporary permit to Rajendra Deo Prasad, the Interested Party and call for expression of interest within 3 months for the said route.

The Grounds of Appeal

The Appellants grounds of appeal are as follows:

"1. The Authority erred in law and in fact in not providing any Regulation 12 Show Cause Notice with particulars, any complaint letter, correspondence or relevant documents to Dalip Chand nor did it inform Dalip Chand beforehand on what the Board wished to question it on in relation to any complaint concerning its bus operations on Salusalu Street Route. The Authority acted in in breach of the fundamental rule of common law doctrine of natural justice that a person is entitled to know what is being alleged against him and be given a reasonable opportunity to seek legal advice and/or reply.

2. The Authority erred in law in acting verbally without prior written notice and without any Regulation 12 show cause notices being issued to Dalip Chand when cancelling the Salusalu Street route of Dalip Chand in an unjustified manner in breach of its own PSV Guidelines.
   
3. The Authority erred in not serving and not providing any complaint letters and investigation to Dalip Chand and did not give to Dalip Chand the right to respond or be heard before deciding to cancel its Salusalu Street Route operation. Dalip Chand was denied the right to be told what exactly the complaint was and also was denied the right to legal advice or access to its solicitors who were forced to wait outside the room. Dalip Chand was not told that its route was liable to be cancelled.