KISHORI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE nationalisation of the Bus Transport have always flooded the writ jurisdiction, commencing from Motilal's case of Uttar Pradesh, which ultimately sparked off constitutional debate leading to constitutional amendment; but the end of which is not yet in sight after 3 decides of legal battles. The constitutional umbrella of inclusion of the Motor Vehicles Act in 9th Schedule of the Constitution also proved insufficient to provide immunity from judicial review of schemes of nationalisation under the Act. Every fresh theme of Nationalisation, invariably leads to opening of fresh legale battle fronts, as the war of nationalisation is unending and every expanding, the basic reason being it is primarily a 'Socio Economic' issue and the law comes at the tail end. affulent and resourceful bus operators of Alwar District not satisfied with the 'judicial review' of this Court in Premchand Vyas and other operators (Bench of 9) cases judgment, have revived the same legal debate by paraphrasing the same submissions with more vigour and sustained effort, as the present bunch would decide the fate of 91 bus operators. However, in substance this is nothing but putting 'old wine in new bottle'.

(2.) WITH the above preface, let me mention the short facts, relevant to the controversy in general, as all the learned Counsel of the parties have prayed that the points involved being common all these cases should be disposed off by one common judgment.

(3.) THESE schemes are: