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Judgment

KHANNA, J.:- The short question which arises in this appeal filed on certificate against the judgment of Allahabad High Court is the validity of Section 43-A, inserted in the Motor Vehicles Act, 1939 by U. P. Act No. 25 of 1972, and the notification dated March 30, 1972 issued under that section. The High Court upheld the validity of the section and the notification.

2. The material part of Section 47 of the Motor Vehicles Act, 1939 (Act No. 4 of 1939), as it stood before the amendment made by Section 43-A in Uttar Pradesh, read as under :

"(1) A Regional Transport Authority shall, in considering an application for a stage carriage permit, have regard to the following matters, namely :

(a) the interest of the public generally;

(b) the advantages to the public of the Service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journeys not being broken;

(c) the adequacy of other passenger transport services operating or likely to operate in the near future, whether by road or other means, between the places to be served;

(d) the benefit to any particular locality or localities likely to be afforded by the service;

(e) the operation by the applicant of other transport services, including those in respect of which applications from him for permits are pending;

(f) the condition of the roads included to the proposed route or area;

and shall also take into consideration any representations made by persons already providing passenger transport facilities by any means along or near the proposed route or area, or by any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government, or by any local authority or police authority within whose jurisdiction any part of the proposed route or area lies;

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(2) ....................................

(3) A Regional Transport Authority may, having regard to the matters mentioned in sub-section (1), limit the number of stage carriages generally, or of any specified type for which stage carriage permits may be granted in the region or in any specified area or any specified route within the region."

Section 43A has been inserted by the Motor Vehicles (Uttar Pradesh Amendment) Act, 1972 (U. P. Act No. 25 of 1972). The material part of Section 43A reads as under :

"(1) The State Government may issue such directions of a general character a, it may consider necessary or expedient in the public interest in respect of any matter relating to road transport to the State Transport Authority or to any Regional Transport Authority, and such Transport Authority shall give effect to all such directions.

(2) Without prejudice to the generality of the foregoing power, where the State Government is of opinion that it is in the public interest to grant stage carriage permits (except in respect of routes or areas for which schemes have been published under Section 68-C) or contract carriage permits or public carrier permits to all eligible applicants, it may by notification in the Gazette issue a direction accordingly, and thereupon all transport authorities as well as the State Transport Appellate Tribunal constituted under Section 64 shall proceed to consider and decide all applications, appeals and revisions in that behalf (including any pending applications, appeals and revisions) as if

(a) in Section 47,

(i) for sub-section (1) the following sub-section were substituted :

(i) A Regional Transport Authority shall, in considering an application for a stage carriage permit, have regard to the following matters, namely:

(a) the interest of the public generally;

(b) the advantage to the public of the service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journeys not being broken;

(c) the benefit to any particular locality or localities likely to be afforded by the service;

and shall also take into considerat