Relief for omnibuses as Madras HC quashes ban on their Chennai entry

CHENNAI: The Madras High Court has quashed the Tamil Nadu government's January 2024 order barring south-bound omnibus buses from entering Chennai city beyond the Kalaignar Centenary Bus Terminus (KCBT) at Kilambakkam. The court held that the restriction was unconstitutional, illegal, and beyond the powers of the State Transport Authority (STA).

Justice V Lakshminarayanan allowed a batch of writ petitions filed by omnibus operators and their associations challenging the STA proceedings. The court held that the authorities could not classify omnibuses by their destinations and prohibit only south-bound services from entering Chennai.

The dispute arose after the STA directed all south-bound omnibuses to operate only from Kilambakkam KCBT, prohibiting them from entering Chennai city with passengers. The petitioners contended that the order interfered with their fundamental right to business, altered permit conditions, and inconvenienced passengers. The State government defended the move as part of a policy to decongest Chennai, particularly Koyambedu.

A key issue was whether the Chennai Metropolitan Development Authority (CMDA), which spearheaded the project, was a "local authority" under the TNMV Rules for establishing a bus stand. Following an extensive examination of the law, the court concluded that the CMDA could not be classified as a local authority for this purpose, as it is a planning body not entrusted with municipal funds. However, the judge rejected the contention that the Kilambakkam terminus itself was illegal.

On the core issue, the court found that the law did not empower the STA to prohibit vehicles based on destinations. The provisions permit restrictions on specific roads in the public interest but do not authorise differential treatment based on where buses are headed.

While quashing the order, the court directed that the interim arrangement evolved during the case should continue. Under this, omnibus operators can operate from their private premises and proceed to Kilambakkam. The court had also allowed passenger facilities at Surapattu and Porur toll plazas while insisting that buses use the Kilambakkam terminus.