TMI Blog2001 (5) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... rs they were successful in scuttling the hearing and keeping the scheme pending for well over 20 years. The matter came up before this Court in Shri Chand vs. Government of U.P. - AIR1986SC242 wherein vide its judgment dated 23.8.1985 a two-Judges Bench of this Court directed the scheme to be quashed solely on the ground that the delay of 26 years in disposing of the objections had resulted in violation of Articles 14 and 19(1)(g) of the Constitution. The Government was directed to frame the scheme afresh, if necessary. 2. Pursuant to the above direction, the U.P.S.R.T.C., Lucknow framed a draft scheme and published the same vide notification No. 1239 RW/1056 RW-85 dated 13.2.1986. The scheme so published included not only Saharanpur-Delhi route but 38 others - in all 39 routes. Objections were preferred against the scheme. While that draft scheme and the objections were so pending the Motor Vehicles Act, 1988 came into force with effect from 1.7.1989. Clause (e) of sub-section (2) of Section 217 of the 1988 Act provided that notwithstanding repeal of the 1939 Act any scheme made under Section 68-C of the 1939 Act and pending immediately before the commencement of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme and directed the same to be published. The approved scheme was published in the Government Gazette vide notification no. 1635/XXX-2-93-365-85 dated 29.5.1993. The preamble to the notification states that the approved scheme was being published in exercise of the powers under sub-section (2) of Section 100 of the 1988 Act and in view of the directions given by the Hon'ble Supreme Court in C.A. Nos.1198, 1199, 1200 and 1201 of 1992 Shri Ram Krishna Verma Ors. vs. State or U.P. Ors. [1992]2SCR378 The approved scheme includes all the 39 routes as proposed in the draft scheme published vide notification dated 13.2.1986. 4. Several petitions were filed in Allahabad High Court laying challenge to the approved scheme. Vide impugned judgment dated 19.11.1999 a Division Bench of High Court has dismissed all the petitions forming an opinion that the scheme had stood approved by the Supreme Court in Ram Krishna Verma's case (supra) and so was the view taken also in Nisar Ahmad Ors. vs. State of U.P. Ors. 1994(4)SCALE300 : 1994(4)SCALE300 therefore nothing survives for hearing and decision on the draft scheme. 4. Feeling aggrieved by the judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sposal of the objections preferred against proposed nationalisation of 38 routes (other than Saharanpur-Delhi route). 7. It is pertinent to note that Section 68-D of the 1939 Act provided for filing of objections within 30 days of the publication of the proposed scheme and consideration of the objections by the State Government after giving an opportunity of hearing to the objectors or their representatives and the representatives of the State Transport Undertaking. A similar provision for filing of the objections and hearing thereon is included in Section 100 of the new Act. The provision for filing of objections and hearing to base the decision thereon, as contained in the new Act, being not inconsistent with the predecessor provision rather being pari materia therewith, continues to survive. The provisions for nationalisation of routes and excluding operation on such routes by private operators consequent thereupon are a reasonable restriction in public interest on the fundamental right to carry on trade or business under Article 19(1)(g) of the Constitution. It is on the hearing of the objections that the competent authority would form an opinion on the question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt found no force in the contentions. The first plea was turned down on the authority of Jeewan Nath Wahal and Ram Krishna Verma's cases as also on the ground that prior approval of the Central Government had in fact been obtained on 9.9.1959. As to the second contention it was held that the scheme was not the one proposed under the 1988 Act but under the 1939 Act and therefore the scheme could not lapse as what is required by the proviso to sub-section (3) of Section 100 (of the 1988 Act) is a scheme proposed under the Act . Further, a draft scheme was published under the direction of this Court. All these observations clearly go to show that Nisar Ahmad Ors.'s case (supra) related to the at scheme which was dealt with by this Court in earlier two decisions. Needless to say the 38 routes were not subject-matter of those two decisions. 9. The upshot of the above discussion is that the appeals are liable to be allowed insofar as the said 38 routes (i.e. other than Saharanpur-Delhi route) are concerned. 10. However, it is brought to our notice that on all the 39 routes, the State Road Transport corporation of U.P. is operating buses ever since ..... X X X X Extracts X X X X X X X X Extracts X X X X
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