UPABHOTHRU BKOPANA SAMITHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, an association of consumers in Kerala represented by its General Secretary challenges Ext. P2 notification issued by the Government under S.43 of the Motor Vehicles Act revising the existing fares for stage carriage services in the State. Ext. P2 shows a general revision of rates earlier fixed in 1985 relating to the different items of services mentioned therein:

(2.) Ext. P2 notification is challenged on the ground of violation of the principles of natural justice. The concept of natural justice is not a straight jacketed or fixed formula. It varies in different situations.

(3.) The proviso to sub-s.(1) of S.43 of the Motor Vehicles Act embodies the principles of natural justice required to be complied with in issuing the notifications relating to matters specified in the sub-section. The requirement is the publication of the proposed direction in the official gazette, specifying therein a date being not less than one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received is required to be considered in consultation with the State Transport Authority after giving the representatives of the interests affected an opportunity of being beard. There is no dispute that the requirements of the proviso had been complied with. The draft of the notification was published more than one month before the date of hearing. Several people submitted objections and suggestions. All such people were heard at a conference convened by the Minister in-charge of Transport and the fares were revised in consultation with the State Transport Authority.