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1987 Supreme(SC) 293

SUPREME COURT OF INDIA
E.S.Venkataramiah : M.M.Dutt
Devki Nandan
Versus
State Of Rajasthan
Case No. : 1471 of 1986
Date of Decision : 3/3/87

Headnote:

Motor Vehicles Act – Section 68 – Claim of compensation – Injury - WE have heard the learned, counsel lor the parties. In this writ petition the petitioner has questioned the validity of a draft scheme under S. 68-C of the Motor Vehicles Act hereinafter referred to as the Act vide Notification No. Transport published in the Rajasthan Gazelle respect, of the routes Udaipur-Kelnada and Udaipur said scheme has not yet been approved either with or without modification even though eight years have elapsed – Held, We are not satisfied with the explanation tendered on of the Hearing Authority for not completing the proceedings during eight years, Following the decision of this court in v. Government of U. P., and Gupta v. Regional Transport Authority, Ujjain we quash the draft scheme and issue a writ to the Authority hearing the matter under S. 68-D of Act not to proceed with tne hearing. We, however, make it clear that it is open to the State Transport Undertaking of Rajasthan to publish a fresh scheme, if it is so advised, in respect of the routes in question. If either the State Transport Undertaking or anybody else has been issued any temporary permits on the routes in question under S. 68-F( 1-A) or S. 68-F( 1-C) as the case may be they shall continue to operate their stage carriages pursuant to the said temporary permits until the expiry of 31/08/1987. If a fresh scheme is published, the Authority hearing the matter under S. 68-D of the Act shall conclude the proceedings within six months from the date of the publication of the scheme - Petition is disposed of

(1) WE have heard the learned, counsel lor the parties. In this writ petition the petitioner has questioned the validity of a draft scheme under S. 68-C of the Mutor Vehicles Act hereinafter referred to as the Act vide Notification No. E(4) (Plan) RSRTC/Transport/ 150 dated 30/03/1979 published in the Rajasthan Gazelle on 13/04/1979 in respect, of the routes Udaipur-Kelnada and Udaipur-Nathdwara. The said scheme has not yet been approved either with or without modification even though eight years have elapsed. We are not satisfied with the explanation tendered on behall of the Hearing Authority for not completing the proceedings during thnese eight years, Following the decision of this court in Shri Chana v. Government of U. P., Lucknow and in Phool Chand Gupta v. Regional Transport Authority, Ujjain we quash the draft scheme and issue a writ to the Authority hearing the matter under S. 68-D of tne Act not to proceed with tne hearing. We, however, make it clear that it is open to the State Transport Undertaking of Rajasthan to publish a fresh scheme, if it is so advised, in respect of the routes in question. If either the State Transport Undertaking or anybody else has been issued any temporary permits on the routes in question under S. 68-F( 1-A) or S. 68-F( 1-C) as the case may be they shall continue to operate their stage carriages pursuant to the said temporary permits until the expiry of 31/08/1987. If a fresh scheme is published, the Authority hearing the matter under S. 68-D of the Act shall conclude the proceedings within six months from the date of the publication of the scheme.

(2) THE writ petition is disposed of accordingly.

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