C S ROWJEE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS batch of 11 Appeals which have been consolidated for hearing are directed against the common judgment of the High court of Andhra Pradesh and are before us on the grant of a certificate of fitness under Art. 133(1) of the Constitution by the said High court.

(2.) THE proceedings concerned in the appeals arise out of Writ petitions filed before the High court by the several appellants before us under Art. 226 of the Constitution challenging the validity of three Schemes framed under Ch. IV-A of the Motor Vehicles Act, 1939, nationalising motor transport in certain areas in the Kumool District of the State of Andhra Pradesh which for convenience we shall refer to as the impugned Schemes. THE appellants who impugn the validity of the schemes are the previously existing motor transport operators whose permits are liable to be modified or cancelled under the provisions of the Schemes on their coming into force. THE impugned schemes were published by government as G.O.Ms. 292, 293 and 294 of the Home, Transport Department on the 5/02/1963 in virtue of the powers conferred on government by sub- s. 2 of the 68-D of the Motor Vehicles Act. THE Andhra Pradesh State Road Transport Corporation which for shortness we shall refer to as the Corporation, besides the State of Andhra Pradesh and the Regional Transport Authority, Kurnool were impleaded as respondents to the petitions. THEy are also the respondents before us. By reason of the first Scheme, 34 routes were intended to be taken over, while under the 2nd and 3rd, 17 and 13 routes respectively were proposed to be nationalised. THE routes covered by these three schemes are all in the western half of the Kurnool District.

(3.) SECTION 68-F is really consequential on the approval of the scheme and sub-s. (1) thereof enacts:'Where, in pursuance of an approved scheme, any State Transport Undertaking applies in the manner specified in Ch. IV for a stage carriage permit or a public carrier's permit or a contract carriage permit in respect of a notified area or notified route, the Regional Transport Authority shall issue such permit to the state transport undertaking, notwithstanding anything to the contrary contained in Ch. IV.' Its second Ss. enables the Regional Transport Authority to refuse renewal of any other permits to private operators and otherwise to deal with those permits so as to give effect to the Scheme. S. 68-G and 68-H deal with the payment of compensation and the methods by which the same should be computed but as these. are not material, we shall not quote them.