The main legal point established in the judgment is the lapse of the draft scheme under Section 100(4) of the new Act and the partial quashing of the impugned order and the scheme.

( 1 ) IMPUGNED in Writ No. 9332 of 2002 is the validity and legality of the order dated 3. 11. 2001 passed by the Hearing Authority and in the other writ petition, the validity of the scheme dated 13. 2. 1986 published under Section 68c of the Motor Vehicles Act, 1939 (in short repealed act) as it stands modified by the aforestated impugned order is also questioned.

( 2 ) THE facts insofar as they are relevant to the controversy involved herein are briefly stated as these. A draft scheme under Section 68c of the Repealed Act was published on February 26, 1959 with a view to nationalise the Saharanpur-Sahadara-Delhi route. The draft scheme aforestated as approved was published on September 29, 1959 but in two groups of writ petitions filed in this Court, the same came to be quashed by judgments dated October 31, 1961 and february 7, 1962 as against 50 operators on the ground that they were not afforded opportunity of hearing and was upheld against other 50 operators. The judgments of this Court were upheld by the Supreme Court in Jeevan Nath Bahl v. State Transport Appellate Tribunal, in Civil appeal No. 1616 of 1968 decided on April 3, 1960. holding that, "the effect of the order passed by the High Court in the two groups of writ petitions was clearly that (he scheme in its essence was not affected, but it was directed not to be enforced against 32 petitioners who had applied in the first group of writ petitions and as against 18 petitioners in the second group of petitioners. The true effect of the High Courts order, observed the Supreme Court, was that "there is in existence a scheme which must have the statutory operation contemplated by Section 68f of the motor Vehicles Act". However, because of civil litigation and injunction orders obtained by some of the operators, the matter remained pending for over 25 years and in Sri Chand v. Government of U. P. , 1988 (4) SCC 169, the Supreme Court held that the delay of 26 years in disposal of the objections resulted in violation of Articles 14 and 19 (1) (g) of the Constitution of india. The draft scheme dated 26. 2. 1959, which was confined to Delhi-Saharanpur route was accordingly quashed with a direction to the State Government to frame the scheme afresh, if necessary. Pursuant thereto, the U. P. State Road Transport Corporation published the draft scheme dated 13. 2. 1986 not only in respect of Saharanpur-Delhi route but in respect of 39 routes including Saharanpur-Sahadara-Delhi route (mentioned at serial No. 1 of the draft scheme dated 13. 2. 1986 ). The draft scheme published on February 13, 1986, was, however, held by the hearing Authority to have lapsed under Section 100 (4) of the Motor Vehicles Act, 1988 (in short the new Act) which came into force on July 1, 1989 during the pendency of the draft scheme. In the writ petition filed by the State Transport Corporation challenging the said order, the High Court, upheld the order passed by the Hearing Authority by its judgment dated March 16, 1990. S. L. P. No. 6300 of 1991 was filed against the said judgment of the High Court. To complete the chain of facts, it may be stated that in the meanwhile, after the enforcement of the new Act, certain persons applied for and were granted permits for Saharanpur-Ghaziabad via sahadara routes. Ram Krishna Verma and Ors. filed a writ petition in the Lucknow Bench of the high Court questioning the validity of permit granted to certain persons in respect of Saharanpur to Ghaziabad via Sahadara route, etc. The writ petitions came to be dismissed by this Court vide judgment dated July 23, 1990. Ram Krishna Verma and Ors. filed appeal (S. L. P.) in the Supreme court. Special Leave Petition Nos. 9701/90, 9702/90 and 2083/91 were also filed against the high Courts judgment dismissing writ petitions in which grant of permits under Section 80 of the new Act on the Muzaffarnagar to Chausana ; Ghaziabad to Sahadara ; Saharanpur to ghaziabad covered and partly nationalised routes w