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1985 Supreme(SC) 31

E.S.VENKATARAMIAH, SABYASACHI MUKHARJEE
Yogeshwar Jaiswal: Krishna – Appellant
Versus
State Transport Appellate Tribunal – Respondent


Judgment

VENKATARAMIAH, J.: - The lamentable delay of nearly fourteen years involved in the State Government of Uttar Pradesh passing its order under section 68D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) on a scheme published under section 68C thereof has been the main cause of these appeals by special leave filed against the judgment of the High Court of Allahabad dated November 27, 1981.

2. A notification dated November 17, 1971 was published under section 68C of the Act by the State transport undertaking of the State of Uttar Pradesh in the U. P. Gazette dated November 27, 1971 inviting objections to a draft scheme providing for the exclusive operation of its own stage carriages over thirteen routes within the jurisdiction of the Regional Transport Authority of Meerut. It is unfortunate that no decision has yet been taken by the State Government under section 68D of the Act for one reason or the other. In the meanwhile the members of the public as well as the motor operators have become subject to several constraints arising from the publication of such a scheme.

3. Chapter IVA of the Act was introduced by Act 100 of 1956 into the Act with the object of m







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