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1983 Supreme(SC) 360

Y. V. CHANDRACHUD, A. V. VARADARAJAN, O. CHHINNAPPA REDDY, S. MURTAZA FAZAL ALI, V. D. TULZAPURKAR
State Of T. N. : State Of T. N. : Nilgiri Bus Transport Private LTD. : Kempy Gowder Transports – Appellant
Versus
L. Abu Kavur Bai: V. K. Elaiyalwar: State Of T. N. : State Of T. N. – Respondent


Advocates:
A.K.SEN GUPTA, A.Subhashini, A.T.M.SAMPATH, A.V.RANGAM, B.PARTHASARTHY, C.V.SUBBA RAO, CHERRAN ASHOK GROVER, D.KANNIA PILLAI, G.L.SANGHI, J.RAMAMURTHY, K.G.Bhagat, K.K.VENUGOPAL, K.RAM KUMAR, LILY THOMAS, M.N.RANGACHARI, Mahabir Singh, P.T.KRISHNAN, R.K.GARG, S.K.NANDY, S.S.RAY, S.SRINIVASA VARMA, T.V.S.N.Chari, VINIT KUMAR

JUDGMENT

FAZAL ALI, J.:—One of the planks of building an egalitarian society in order to achieve socio-economic emancipation is the policy of nationalisation of industries. Easy, cheap and dependable transport is a prime social necessity. Unfortunately, no State has been able to achieve this goal so far by a full-fledged nationalisation. Reliance is largely placed on schemes framed under Chapter IV-A of the Motor Vehicles Act

2. Perhaps Karnataka was the only State which having become saddar and wiser took the lead in enunciating the bold step of complete nationalisation of the entire transport industry but, unfortunately, it has not yet been able to implement it fully.

3. There are two methods by which the transport industry can be nationalised:

(1) where the Government acts under Chapter IV-A (Section 68 (b) and (c) of the Motor Vehicles Act) and after due publication formulates a scheme for taking over route or routes and invites objections thereto. After the objections have been received they are decided and ultimately processed. This method however is dilatory and involves a time consuming process which leads to delaying tactics adopted by the operators. Even so, after the objec


































































































































































































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