JUDGMENT

KULDIP SINGH, J.:- The liberalization for private sector operations in the Road Transport field - under Section 80 and other provisions of the Motor Vehicles Act, 1988 has been challenged in these bunch-petitions under Article 32 of the Constitution, filed by the existing-operators, primarily on the ground that they have been adversely affected in the exercise of their rights under Articles 14 and 19 of the Constitution of India.

2. It is necessary to notice the statutory provisions operating in the field of motor transport business prior to and after the coming into force of the Motor Vehicles Act, 1988 (hereinafter called the Act). The Motor Vehicles Act, 1939 (hereinafter called the old Act) was enacted and enforced with the object of having closer control to establish a coordinated system of transport. The subject of Mechanically Propelled Vehicles being in List III of the VIIth Schedule to the Constitution, various amendments were made from time to time by several State Legislatures either adding to or modifying the provisions of the old Act. Chapter IV of the old Act consisted of Sections 42 to 68 providing control of transport vehicles". Sections 47 and 57, to the relevant-extent, are re-produced as under:-

"47. Procedure of Regional Transport Authority in considering application for stage carriage permit- (1) A Regional Transport Authority shall, in considering an application for a stage carriage permit, have regard to the following matters, namely:-

(a) the interest of the public generally;

(b) the advantage to the public of the service to be provided, including the saving of time likely to be effected thereby and any ,convenience arising from journeys not being broken;

(c) the adequacy of other passenger transport services operating or likely to operate in the near future, whether by road or other means, between the places to be served;

(d) the benefit to any particular locality or localities likely to be afforded by the service;

(e) the operation by the applicant of other transport services, including those in respect of which applications from him for permits are pending;

(f) the condition of the roads included in the proposed route or area.

and shall also take into consideration any representations made by persons already providing passenger transport facilities by any means along or near the proposed route or area, or by any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government, or by any local authority or police authority within whose jurisdiction any part of the proposed route or area lies;............

(3) A Regional Transport Authority may, having regard to the matters mentioned in sub-section (1), limit the number of stage carriages generally or of any specified type for which stage carriage permits may be granted in the region or in any specified area or on any specified route within the region.

57. Procedure in applying for and granting permits.- (1) An application for a contract carriage permit or a private carriers permit may be made at any time.

(2) An application for a stage carriage permit or a public carriers permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect, or, if the Regional Transport Authority appoints dates for the receipt of such applications, on such dates.

(3) On receipt of an application for a stage carriage permit or a public carriers permit, the Regional Transport Authority shall make the application available for inspection at the office of the Authority and shall publish the application or the substance thereof in the, prescribed manner together with a notice of the date before which representation in connection therewith may be submitted and the date, not being less than thirty days from such publication, on which, and the time and place at which, the application and any representation received will be considered:

Provided that, if the gra