RAM KRISHNA VERMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Special leave granted.

(2.) These four cases have behind chequered history of the draft scheme dated February 26, 1959 published under S. 68-C of ttie Motor Vehicles Act, 1939, for short 'the repealed Act' was kept hanging for 25 to 35 years. The draft scheme dated 26th February, 1959 was published to nationalise Saharanpur --- Shahdara - Delhi route. The approved scheme published on September 25, 1959 was quashed by the Allahabad High Court by judgments dated October31, 1961 and February 7, 1962 as against 50 operators and was upheld against other 50 operators. It was further held that the State Govt. was at liberty to give fresh hearing to the 50 objectors on the basis of the original proposal which was upheld by this Court in Jeewan Nath Bahl v. State of U.P. (C.A. No. 1616 of 1963, dated April 3, 1968) observing thus:

(3.) The record discloses that out of 50 operators some of them filed successive suits and obtained injunction from different courts scuttling the hearing and kept pending for well over 25 years. Shri Chand and others filed Writ Petition No. 11744 of 1985, etc. in this court assailing that the delay in approving the scheme amounts to abuse of process of law and public interest thereby suffered. By judgment in Shri Chand v. Govt. of U.P., (1985) 2 Suppl. SCR 688 , this court held that the delay of 26 years in disposing of the objections resulted in violation of Articles 14 and 19(1)(g) of the Constitution. The draft scheme dated Feb. 26, 1959 was accordingly quashed. It directed the Govt. to frame the scheme afresh, if necessary. Pursuant thereto the U. P. State Road Corporation published the draft scheme on February 13, 1986. While it was pending the Motor Vehicles Act 59 of 1988, for short'the Act'came into force with effect from July 1, 1989. Bulandshahr to Delhi route was also nationalised in the approved scheme published in the State Gazette dated September 27, 1956.