YOGESHWAR JAISWAL SMT KRISHNA Vs. STATE TRANSPORT APPELLATE TRIBUNAL:STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) The lamentable delay of nearly fourteen years involved in the State Government of Uttar Pradesh passing its order under section 68D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') on a scheme published under section 68C thereof has been the main cause of these appeals by special leave filed against the judgment of the High Court of Allahabad dated November 27, 1981.

(2.) A notification dated November 17, 1971 was published under section 68C of the Act by the State transport undertaking of the State of Uttar Pradesh in the U. P. Gazette dated November 27, 1971 inviting objections to a draft scheme providing for the exclusive operation of its own stage carriages over thirteen routes within the jurisdiction of the Regional Transport Authority of Meerut. It is unfortunate that no decision has yet been taken by the State Government under section 68D of the Act for one reason or the other. In the meanwhile the members of the public as well as the motor operators have become subject to several constraints arising from the publication of such a scheme.

(3.) Chapter IVA of the Act was introduced by Act 100 of 1956 into the Act with the object of making provision for operation of motor vehicles to the exclusion, complete or partial, of other persons for the purpose of providing an efficient, adequate, economical and properly co-ordinated transport service to the community. The provisions contained in Chapter IVA of the Act and the Rules made thereunder are declared as having overriding effect on the provisions in Chapter IV of the Act which contains provisions relating to control of transport vehicles and all other laws. Section 68C of the Act provides that where any State transport undertaking is of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or in any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State transport undertaking may prepare a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered. and such other particulars respecting thereto as may be prescribed, and shall cause every such scheme to be published in the Official Gazette and also in such other manner as the State Government may direct. On the publication of the scheme, any person already providing transport facilities by any means along or near the area or route proposed to be covered by the scheme, any association representing persons interested in the provision of road transport facilities recognised in this behalf by the State Government and any local authority or police authority within whose jurisdiction any part of the area or route proposed to be covered by the scheme lies may, within thirty days from the date of the publication of the scheme in the Official Gazette, file objections to it before the State Government. The State Government may after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter if they so desire, approve or modify the scheme. This is the substance of sub-sections (1) and (2) of section 68D of the Act. Under sub-section (3) thereof the scheme approved or modified has to be published in the Official Gazette and such scheme is called the approved scheme and the area or route to which it relates is called the notified area or notified route. The provisions of section 68C and, section 68D of the Act clearly indicate that any scheme which is intended for providing efficient, adequate, economical or properly co-ordinated transport service should be approved either as it is or in a modified form or rejected, as the case may be, within a reasonably, short time as any extraordinary delay is bound to upset all or. any of the factors, namely, efficiency, adequacy, economy or co-ordination which ought to govern an approved scheme under Chapter IVA of the Act. On account of various reasons such as the growth of population and the development of the geographical area adjacent to the area or route in question, any unreasonable delay may render the very proposal contained in the Scheme antiquated, outmoded and purposeless. Hence there is need for speedy disposal of the case under section 68D of the Act.