M S SADANANDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) On December 18, 1963 the Mysore State Road Transport Corporation established under the Road Transport Corporation Act, 1950, which will be referred to in the course of this judgment as the Corporation, published a scheme which it had prepared under Section 68-C of the Motor Vehicles Act. This scheme appeared in the gazette bearing the date January 2, 1964, but on account of a technical defect it was withdrawn and on October 8, 1964 another scheme was published. Both schemes related to certain routes in the districts of Kolar and Bangalore Objections were produced to the approval of the scheme. But by an order made by the Chief Minister under Section 68-D on January 10, 1968 has accorded his approval to the scheme with minor modifications.

(2.) In these 56 writ petitions the principal question with which we are concerned is what concerns the validity of the scheme, which will be referred to the course of this judgment as the approved scheme.

(3.) The main argument on behalf of the petitioners was presented by Mr. B. R. L. Iyengar, and, although there is more than one prayer in these writ petitions, the argument was restricted to the validity of the approved scheme and the constitutionality of Sections 68-B and 68-D of the Motor Vehicles Act, which will be referred to as the Act. The other prayer in these writ petitions that we should declare sections 68-C, 68-F, 68-G and 68H of the Act as unconstitutional was not pressed before us. Similarly, the prayer that we should declare the State Transport Undertaking Rules (Mysore) 1963 as unconstitutional was not also pressed except in respect of Rule 6.