( 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the validity of the scheme dated 13. 2. 1986 published under Section 68c of the Motor Vehicles Act, 1939 (in short repealed act) as it stands modified by the aforestated impugned order is also questioned.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 A draft scheme under Section 68c of the Repealed Act was published on February 26, 1959 with a view to nationalise the Saharanpur-Sahadara-Delhi route.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 effec