JUDGMENT

K. RAMASWAMY, J.:- Special leave granted.

2. These four cases have behind chequered history of the draft scheme dated February 26, 1959 published under S. 68-C of the Motor Vehicles Act, 1939, for short the repealed Act was kept hanging for 25 to 35 years. The draft scheme dated 26th February, 1959 was published to nationalise Saharanpur --- Shahdara - Delhi route. The approved scheme published on September 25, 1959 was quashed by the Allahabad High Court by judgments dated October31, 1961 and February 7, 1962 as against 50 operators and was upheld against other 50 operators. It was further held that the State Govt. was at liberty to give fresh hearing to the 50 objectors on the basis of the original proposal which was upheld by this Court in Jeewan Nath Bahl v. State of U.P. (C.A. No. 1616 of 1963, dated April 3, 1968) observing thus:

"The effect of the order passed by the High Court in the two groups of writ petitions was clearly that the scheme in its essence was not affected but it was directed that it was not liable to be enforced against the 32 petitioners who applied to the High Court in the first group of petitions and against 18 petitioners in the second group of pet