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1961 Supreme(SC) 183

K.N.WANCHOO, A.K.SARKAR, N.RAJAGOPALA AYYANGAR, K.C.DAS GUPTA, P.B.GAJENDRAGADKAR
Malik Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
D.GUTPA, D.P.Singh, G.C.KASLIVAL, H.N.SANYAL, KAN SINGH, M.K.NAMBIYAR, M.K.RAMAMURTHI, R.K.GARG, RAMAMURTHI, S.C.AGRAWAL

Judgment

WANCHOO, J. : These two connected matters arise out of an order approving a scheme framed under Chap. IV-A of the Motor Vehicles Act, No. IV of 1939, (hereinafter referred to as the Act) and will be disposed of together. The brief facts necessary for present purposes are these. The appellant was plying a bus between Jaipur and Ajmer on a permit granted to him for three years by resolution of the Regional Transport Authority, Jaipur, dated December 16/17, 1958. In August, 1960, the State Government promulgated rules under S. 68-I of the Act, called the Rajasthan State Road Transport Services (Development) Rules, 1960 (hereinafter called the Rules). The Rules were framed for carrying out the purposes of Chap IV-A of the Act and provided inter alia for framing of schemes, hearing of objections, determination and payment of compensation, and other incidental matters. A draft scheme was published on September 7, 1960, for taking over the Jaipur-Ajmer route. The appellant made objections to the draft scheme within the time allowed by the notification thereof. The State Government appointed the Legal Remembrancer to hear and decide the objections under R. 7 of the Rules. It appear















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