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1961 (4) TMI 84 - SC - Indian LawsWhether the appellant did not get a hearing to which he was entitled under s. 68.D(2)of the Motor Vehicles Act, No. IV of 1939? Held that:- The officer in this case was wrong on both the points. He was wrong in his view that it was not open to him to reject the scheme in toto and withhold approval altogether. He was also wrong in the view that it was not open to him to take evidence, whether oral or documentary, though of course, as we have said above the control on this evidence must be in him. The result of this wrong approach to our mind has certainly been that the appellant did not get a hearing to which he was entitled under s. 68.D(2). In the circumstances we must hold that the approval of the scheme was without a proper hearing under s. 68-D(2), which, even though arguments were heard in full in this case, vitiates the approval given to the scheme by the officer concerned. Appeal allowed.
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