SANTOSH KUMAR Vs. REGIONAL TRANSPORT AUTHORITY MEERUT

JUDGEMENT

(1.) By these writ petitions the petitioners pray for a writ of mandamus so as to restrain Regional Transport Authority (hereinafter referred to as R.T.A.) from granting any permit on their routes. With the consent of learned counsel for both the parties in all these cases we have made writ petition No. 21773 of 1989, Santosh Kumar v. Road Transport Authority, as the leading case.

(2.) The routes, Muzaffarnagar-Shamli-Jhinjana-Don-Chausana and Shamli-Chausana extended up to Muzaffarnagar (hereinafter referred to as route) are within the jurisdiction of R.T.A. and the petitioners are holding regular stage carriage permit on the route and are existing operators. A proposal (hereinafter referred to as Draft Scheme) under S. 68-C of the Motor Vehicles Act, 1939 (hereinafter referred to as old Act) was published on 13-2-1986, proposing to nationalise route as well as various other routes. The petitioners claim that during pendency of this Draft Scheme of 1986 no permit can be granted to any person.

(3.) Old Act as originally enacted did not contain any provision for nationalisation of route. It was in 1956 that Chapter IV-A was added by Central Act 100 of 1956 whereby special provisions relating to State Transport Undertaking and nationalisation of routes were introduced in this Act. S. 68-C of this Act authorised State Transport Undertaking to prepare a Draft scheme. If it is of the opinion that for the purposes of providing efficient, adequate, economical and properly co-ordinated Road Transport Service, it is necessary in public interest that Road Transport Service in relation to any area or route should be run and operated by State Transport Undertaking whether to the exclusion, complete or partial, of other persons or otherwise. Provision was made for filing objection under S. 68-D and State Government after hearing the objector and State Transport Undertaking was empowered to approve or modify the Scheme. As power to approve includes power not to approve, it has been held that Government can approve, modify or disapprove it. The Scheme, if approved, is required to be published in official gazette by the State Government and thereupon such Scheme becomes final and is called approved Scheme and the area or route, to which it relates, is called notified area or notified route. An approved Scheme can be modified or cancelled under S. 68-E. S. 68-F provided for issue of permit to State Transport Undertaking and for taking consequential action for the purposes of giving effect to the approved Scheme.