PREM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition is directed against the notifications dated 7-9-1961 and 3-9-1973 issued under Section 68-C and Section 68-D (3) of the Motor Vehicles Act, 1939.

(2.) On 7-9-1961, a notification under Section 68-C was issued by the State Transport Undertaking proposing a scheme for the purpose of providing efficient, adequate, economical and properly coordinated road transport services on two routes, in Kumaun Region, viz. (1) Almora-Daniya-Pithoragarh and (2) Almora-Kaphar-Khan-Basoli. A large number of objections were filed by the existing operators of the said route and by others who were likely to be affected by it and also by the Kumaun Motor Owners' Union Limited The State Government appointed the Joint Legal Remembrancer to hear and decide the objections. The objectors appeared and they produced witnesses, the State Transport Undertaking also produced evidence before the hearing authority. Ry an order dated 18-12-1971 the bearing authority rejected the objections and approved the scheme. The scheme as approved by the hearing authority was published in the official gazette under a notification dated 3-9-1973 in accordance with Section 68-D (3) of the Act. Aggrieved, the petitioners, who are 216 in number, have by means of this petition under Article 226 of the Constitution challenged the validity of the said scheme.

(3.) Learned counsel for the petitioners urged that some of the petitioners who baa been granted stage carriage-cum-public carrier permits on the routes in question, were not afforded any opportunity of hearing, as a result of which the entire scheme is vitiated. Learned counsel appearing for the State Transport Undertaking urged that those who had obtained permits after 16-9-1961 had no right of hearing as they had obtained permits with open eyes that a scheme in respect of the routes in question had already been proposed and published.