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1986 Supreme(SC) 333

SUPREME COURT OF INDIA
E.S.Venkataramiah : O.Chinnappa Reddy
Madan Lal
Versus
M.P.State Road Transport Cor-poration, Bairagarh, Bhopal
Case No. : 386 of 1986
Date of Decision : 9/19/86

Headnote:

Motor Vehicles Act - Section 68 – Quash of order – Claim of compensation – Injury - IN this writ petition the petitioner has questioned the validity of a draft scheme bearing published under Section 68-C of the Motor Vehicles Act (hereinafter referred to as the Act) by the Madhya Pradesh Road Transport Corporation proposing to run its vehicles on the inter-State route Bhopal-Ajmer via -Kota to the exclusion of other operators. The scheme was approved by the State government under Section 68-D of the Act but it has not been published as it has not received the approval of the Rajasthan State government and the central government as yet – Held, There is no satisfactory explanation given by the Corporation and the Madhya Pradesh State government as to why they have not been able to secure the approval of the government and of the central government. In the meanwhile the restrictions imposed by Ch. 4-A of the Act have been operative. We do not find that there is any justification to allow the scheme which has not yet been published under S. 68-D of the Act to continue to remain in force after nearly have elapsed. We, therefore, following the decision in Shri Chand v. Government of U.P. and the decision in Gupta v. Regional Transport Authority. Ujjain quash the scheme which is impugned in this petition - WE, however, permit the Corporation and other operators who may have obtained permits under S. 68-F(1-A) or,68-F(l-C) of the Act to continue to operate their stage carriages on the route in question - We give liberty to the State Transport Corporation, if it desires to do so, to issue a fresh scheme under S. 68-C of the Act. it is open to any person who is interested in obtaining a permit to operate a stage carriage on the route in question to apply to the Regional Transport Authority for a permit under Ch. IV of the .Act - Regional Transport Authority may also issue if it is found necessary in the public interest temporary permits under S. 62 of the Act - Petition is disposed of

(1) IN this writ petition the petitioner has questioned the validity of a draft scheme bearing No. 75 dated 30/03/1973 published under Section 68-C of the Motor Vehicles Act (hereinafter referred to as the Act) by the Madhya Pradesh Road Transport Corporation (hereinafter referred to as the Corporation) proposing to run its vehicles on the inter-State route Bhopal-Ajmer via Biaora-Kota to the exclusion of other operators. The scheme was approved by the State government under Section 68-D of the Act but it has not been published as it has not received the approval of the Rajasthan State government and the central government as yet. There is no satisfactory explanation given by the Corporation and the Madhya Pradesh State government as to why they have not been able to secure the approval of the Raiasthan government and of the central government. In the meanwhile the restrictions imposed by Ch. 4-A of the Act have been operative. We do not find that there is any justification to allow the scheme which has not yet been published under S. 68-D of the Act to continue to remain in force after nearly 13 years have elapsed. We, therefore, following the decision in Shri Chand v. Government of U.P. and the decision in Phool Chand Gupta v. Regional Transport Authority. Ujjain quash the scheme which is impugned in this petition.

(2) WE, however, permit the Corporation and other operators who may have obtained permits under S. 68-F(1-A) or,68-F(l-C) of the Act to continue to operate their stage carriages on the route in question till 31/03/1987. We give liberty to the State Transport Corporation, if it desires to do so, to issue a fresh scheme under S. 68-C of the Act. it is open to any person who is interested in obtaining a permit to operate a stage carriage on the route in question to apply to the Regional Transport Authority for a permit under Ch. IV of the .Act. The Regional Transport Authority may also issue if it is found necessary in the public interest temporary permits under S. 62 of the Act. The writ petition is disposed of accordingly.

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