OM PRAKASH PAHWA Vs. STATE OF DELHI

JUDGEMENT

(1.) This common order shall govern the disposal of CWP Nos.3000/98, 2979/98, 3019/98, 3020/98 AND 3125/98 laying challenge to a public notification dated 15.6.1998 issued by the Govt of NCT Delhi under Section 100(3) of the Motor Vehicles Act, 1988 approving a scheme earlier proposed by a public notification dated 22.9.1997 under Section 99 of the Act. There are two sets of petitioners. CWP Nos.3000/98, 2979/98, 3019/98, have been filed by several private bus operators presently plying buses under Stage Carriage Permits.CWP No.3019 and 3020/ 98 by Ex-servicemen Bus Operators.

(2.) On 22.9.1997 the Govt of NCT of Delhi issued a public notice under Section 99 of the Act. The text of the notification is reproduced in extenso inasmuch as the contents thereof are the core of controversy and would be required to be referred to throughout to appreciate the contending contentions advanced at the Bar. It reads as under :- GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI STATE TRANSPORT AUTHORITY 5/9 UNDER HILL ROAD DELHI-110054 PUBLIC NOTICE

(3.) The abovesaid notification under Section 99 led to the filing of 1916 objections to the scheme. Personal hearing was granted to individuals by three officers, namely, (i) Shri Rajesh Kumar, Dy Director Vigilance, Transport Deptt, (2) Shri S.K. Khosla and (3) Shri Ajijuddin Ahmed.