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1994 Supreme(SC) 883

K.RAMASWAMY, M.N.VENKATACHALIAH
Nisar Ahmad – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Abha Jain, G.RAMASVAMY, Gaurav Jain, K.K.VENUGOPAL, P.D.SHARMA, PARVIN SVARUP, PRAMOD SVARUP, SOLI J.SORABJI

ORDER

1. Leave granted. Application for intervention allowed. Heard counsel for appellants and the respondents.

2. The case has chequered history the facts of which have been traced by this Court in Ram Krishna Verma v. State of U.P. {(1992) 2 SCC 620} This Court in that judgment held that the draft scheme published on 26-2-1959 and the fresh draft scheme published pursuant to the directions by this Court of 13-2-1986 had not lapsed. The 50 operators to whom this Court in Jeewan Nath Wahal case {Jeewan Nath Wahal v. State Transport Appellate Tribunal, CA Nos. 1616-1617 of 1966, decided on 3-4-1968 : 1968 SCN 369} gave the right of hearing, by resorting to the abuse of the process of the court, forfeited their right of hearing and they no more would be entitled to the hearing before the approving authority. It was also declared in Jeewan Nath Wahal case {Jeewan Nath Wahal v. State Transport Appellate Tribunal, CA Nos. 1616- 1617 of 1966, decided on 3-4-1968 : 1968 SCN 369} that this Court had already approved the Shaharanpur-Shahdara-Delhi scheme published under Section 68-C except to the extent of hearing the objections of the 50 operators. The hearing being only a procedural formal




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