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of the draft scheme dated February 26, 1959 published under S. 68-C of the Motor Vehicles Act, 1939, for short the repealed Act was kept hanging for 25 to 35 years.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 petitions. If that be the true effect of the order there is in our judgment, a scheme in existence which must have the statutory operation contemplated by S. 68-F of the Motor Vehicles Act."

3. The record discloses that out of 50 operators some of them filed successive suits and obtained injunction from different courts scuttling the hearing and kept pending for well over 25 years. Shri Chand and others filed Writ Petition No. 11744 of 1985, etc. in this court assailing that the delay in approving the scheme amounts to abuse of process of law and public interest thereby suffered. By judgment in Shri Chand v. Govt. of U.P., (1985) Suppl (2) SCR 688, this court held that the delay of 26 years in disposing of the objections resulted in violation of Articles 14 and 19(1)(g) of the Constitution. The draft scheme dated Feb. 26, 1959 was accordingly quashed. It directed the Govt. to frame the scheme afresh, if necessary. Pursuant thereto the U. P. State Road Corporation published the draft scheme on February 13, 1986. While it was pending the Motor Vehicles Act 59 of 1988, for short the Act came into force with effect from July 1, 1989. Bulandshahr to Delhi route was also nationalised in the approved scheme published in the State Gazette dated September 27, 1956.

4. After the Act came into force, the respondents applied for and were granted permits for Saharanpur to Ghaziabad via Shahdara routes etc. The appellants filed the writ petitions in the High Court of Allahabad at Lucknow questioning the validity thereto which was dismissed by judgment dated July 23, 1990. The draft scheme published in 1986 was held by the hearing authority to have been lapsed by operation of S. 100(4) of the Act. In the writ petition filed by the S.T.U. the High Court by its judgment dated March 16, 1990 held that the draft scheme stood lapsed within one year from the date of the publication of the draft scheme and accordingly upheld the order of the hearing authority against which the appeal (S.L . No6300/91) was filed. Special Leave Petitions Nos.9701190, 9702/90 and 2083/91 arise against the High Courtsjudgment dismissing. the writ petitions in which grant of permits -under Section 80 of the Act on the Muzaffarnagar - Chausana; Ghaziabad to Shahdara; Saharanpur to Ghaziabad covered and partly overlapping nationalised routes were questioned. Thus these appeals by special leave.

5. In Jeevan Nath Bahls case (C.A. NO.1616/68):(reported in 1968 SC (Notes) 369), this court held that the scheme was not affected and the true effect of the orders passed by the High Court in respect of 50 operators was deduced thus, "in our judgment a scheme is in existence which must have the statutory operation contemplated by S. 68-F of the Motor Vehicles Act........ It was further held that the judgment