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1968 Supreme(SC) 180

Standard Motor Union Private – Appellant
Versus
State Of Kerala – Respondent


Advocates:
A.S.NAMBIYAR, C.M.KURUVILA, M.R.Krishna Pillai, S.V.Gupta, SARDAR BAHADUR SAHARYA, SARJU PRASAD, VISHNU BAHADUR SAHARYA, YOUGINDRA KHUSALANI

Judgement

BACHAWAT, J. : The appellant challenges the scheme of nationalisation of road transport services in respect of 9 routes in the districts of Ernakulam and Kottayam. Chapter IVA of the Motor Vehicles Act, 1939 deals with nationalisation of road transport services. S. 68-C provides for the preparation and publication of a draft scheme of nationalization of road transport services in general or any particular class of such service in relation to any area or route or portion thereof whether to the exclusion, complete or partial, of other persons or otherwise. Section 68-D provides for the filing of objections of persons affected by the scheme, for the consideration of the objections by the Government, for modification or approval of the scheme by the Government and for publication of the approved or modified scheme. Section 68-E provides that a scheme finally settled under S. 68D may at any time be cancelled or modified by the State transport undertaking. The procedure laid down in Sections 68-C and 68-D shall, so far as it can be made applicable, be followed in every case where the scheme is proposed to be modified as if the modification proposed were a separate scheme. For th










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