Dalip Chand & Son Ltd v Land Transport Authority [2020] FJLTAT 5; Appeal 33 of 2018 (10 July 2020)

Land Transport Appeals Tribunal
Sitting @ Labasa.

Appeal # 33 of 2018
Appeal # 35 0f 2018

Between: Dalip Chand & Son Limited
[Appellant in 33 of 2018]

And: Land Transport Authority
[Respondent]

Rajendra Deo Prasad T/A Northern Buses - (Appellant in 35 of 2018)

Vishnu Holdings Limited

[Interested Party]

Appearances @ Hearing:

For the Appellant: Mr. A. Pal on instructions of
Mr. A. Sen (Maqbool & Co).
For LTA: Ms. Malani.
For Vishnu Holdings Limited: No Appearance.
Rajendra Deo Prasad: In Person.

Date of Hearing: 21^st February 2020

Judgment

Introduction
The two appeals were consolidated as it dealt with the same decision of LTA contained in letter dated 4^th September 2018.

The Appellants, Dalip Chand and Son Limited and Rajendra Deo Prasad T/A Northern Buses have appealed against the decision of the LTA to grant road route licence (RRL) for Wailevu Tunuloa/Savusavu/Labasa to Vishnu Holdings Limited.

The LTA had called for an expression of interest after the Tribunal on 13^th July 2018 set aside the decision to grant a permit to Vishnu Holdings Limited for the Wailevu Tunuloa/Savusavu/Labasa route.

The Grounds of Appeal
The grounds of appeal for the two appeals can be summarised as follows:

(a) Vishnu Holdings did not comply with Expression of Interest (EOI) requirements.

(b) Application not considered on merits.

(c) Reasons and relevance of clause 2 (d) of the decision letter.

(d) Encroachment issues.

(e) Special bonding with villagers and travelling public.

(f) Did not properly consider the applications as expression of interest.

(g) QAMS.

The Function and Powers of the Tribunal

The functions and powers of the Tribunal are noted.

Analysis

The submissions of the parties, the records and the grounds of appeal filed by the Appellants have all been noted by the Tribunal.

The Tribunal will go over each ground of appeal in turn.

(a) Vishnu Holdings did not comply with Expression of Interest (EOI) requirements.