BALURAM DALURAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS Order will also govern the disposal of Miscellaneous Petition No. 108 of 1966.

(2.) THE question raised by these two petitions under Articles 226 and 227 of the constitution is as to the-validity of two Schemes described as Scheme No. 53 and scheme No. 49 published by the State Government under Section 68d (3; of the motor Vehicles Act. 1939 (hereinafter referred to as the Act ).

(3.) IN exercise of the powers conferred by Section 68c of the Act the Madhya pradesh State Road Transport Corporation (hereinafter called the Corporation)published in the Gazette, dated 12th February 1965. Scheme No. 53 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 Section 68c containing proposals propounding another Scheme, namely, Scheme No. 49, 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 their 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 Stale Road transport Services (Development) Rules. 1959 (hereinafter referred to as the rules ). The petitioners filed objections under Section 68d of the Act which were heard and decided by the Special Secretary, he being the person appointed by the government to hear and dispose of the objections. On 31st December 1965. The special Sercretary passed an order under Section 68d (2) rejecting the petitioners objections to Scheme No. 53 and approving the Scheme with some modifications. He directed that the Scheme would come into force from 7th March 1966 thereafter, on 14th January 1966, Scheme No. 53, as approved and modified under Sub-section (2) of Section 68d, was published in the Gazette as required by sub-section (3) of Section 68d. The order approving with some modifications scheme No, 49 making it effective from 15th March 1966 was passed by the special Secretary on 31st December 1965. ft was published in the Gazette, dated 7th January 1966, as required by Section 68d (3 ). During the course of hearing of the objections in Scheme No. 53, the Special secretary issued notices to 15 permit-holders whose permits were not mentioned in the Scheme published by the Corporation under Section 68c but who were likely to be affected by the Scheme. Out of the 15 permit-holders, 11 operators filed objections and appeared through their counsel. The petitioners Nos. 13 and 17 to 22 are permit-holders of this category. They objected to their being joined in the proceedings and urged that the Special Secretary had no jurisdiction to issue notices to them. That objection was overruled and the Scheme was approved and published as already stated. The approved Scheme affects the permits held by the petitioners Nos. 13 and 17 to 24. (Petitioners Nos. 23 and 24 were ex parte before the Special Secretary.)