CAPITAL MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., BHOPAL AND OTHERS Vs. STATE OF MADHYA PRADESH THROUGH THE CHIEF SECRETARY TO GOVERNMENT OF M.P. AND OTHERS

JUDGEMENT

(1.) THIS order will also govern the disposal of Miscellaneous Petitions Nos. 311 and 353 of 1965.

(2.) THE question raised by these three petitions under Articles 226 and 227 of the Constitution is as to the validity of two Schemes described as Scheme No. 16 and Scheme No. 22 published by the State Government under Sec. 68 -D (3) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act).

(3.) IN exercise of the powers conferred by Sec. 68 -C of the Act the Madhya Pradesh State Road Transport Corporation (hereinafter called the Corporation) published proposals in the Gazette dated 22nd May 1984 propounding Scheme No. 16 for the running and operation by the Corporation of road transport services on the routes specified in the Scheme. On the same date, another notification under Sec. 68 -C containing proposals propounding another Scheme, namely, Scheme No. 22, was published by the Corporation for the running and operation by the Corporation of services on the routes specified in that Scheme. These notifications invited persons affected by the Schemes to file objections, if any, before the Respondent No. 2, Special Secretary to Government in the Home Department, in accordance with Rule 4 of the Madhya Pradesh State Road Transport services (Development) Rules, 1959 (hereinafter referred to as the Rules) The Petitioners filed objections under Sec. 68 -D of the Act which were heard and decided by the Special Secretary, he being the person appointed by the Government to hear and decide the objections. On 8th June 1965 the Special Secretary passed an order under Sec. 68 -D (2) rejecting the Petitioners' objections to Scheme No. 16 and approving that Scheme with some modifications. He directed that that Scheme would come into force from 15th September 1965. Thereafter, on 11th June 1965 Scheme No. 16 "as approved and modified" under Sub -section (2) of Sec. 68 -D was published in the Gazette as required by Sub -section (3) of Sec. 68 -D. This publication of Scheme No. 16 was, however, superseded by another publication of the Scheme in the Gazette dated 18th June 1965 under Sec. 68 -D of the Act. The order approving with some modifications Scheme No. 22 and making it effective from 15th August 1965 was passed by the Special Secretary on 25th May 1965. Thereafter, the Scheme was published in the Gazette dated 28th May 1965 as required by Sec. 68 -D (3).