MITHILESHGARG Vs. UNION OF INDIA

JUDGEMENT

(1.) 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:-

(3.) The old Act was repealed by the Act which came into force on July 1, 1989. The Statement of Objects and Reasons appended to the Act is reproduced as under:-