Madan Lal Vs. M.P. State Road Transport Corporation, Bhopal and ors. - Court Judgment

Excerpt:
- [ e.s. venkataramiah and; o. chinnappa reddy, jj.] -- motor vehicles act, 1939 — section 68-d(2) and (3) proviso — scheme for inter-state route approved by one state government under sub-section (3) but pending approval of the other state government and central government under proviso to sub-section (3) and not yet published under sub-section (3) even after 13 years without any satisfactory explanation — hence scheme quashed -- the scheme was approved by the state government under section 68-d of the act but it has not been published as it has not received the approval of the rajasthan state government and the central government as yet. the regional transport authority may also issue if it is found necessary in the public interest temporary permits under section 62 of the act.e.s. venkataramiah and; o. chinnappa reddy, jj.1. in this writ petition the petitioner has questioned the validity of a draft scheme bearing no. 75 dated march 30, 1973 published under section 68-c of the motor vehicles act (hereinafter referred to as “the act”) by the madhya pradesh road transport corporation (hereinafter referred to as “the corporation”) proposing to run its vehicles on the inter-state route bhopal-ajmer via biaora-kota to the exclusion of other operators. the scheme was approved by the state government under section 68-d of the act but it has not been published as it has not received the approval of the rajasthan state government and the central government as yet. there is no satisfactory explanation given by the corporation and the madhya pradesh state government as to why they have not been able to secure the approval of the rajasthan government and of the central government. in the meanwhile the restrictions imposed by chapter 4-a of the act have been operative. we do not find that there is any justification to allow the scheme which has not yet been published under section 68-d of the act to continue to remain in force after nearly 13 years have elapsed. we, therefore, following the decision in shri chand v. government of u.p.1 and the decision in phool chand gupta v. regional transport authority2, ujjain quash the scheme which is impugned in this petition.2. we, however, permit the corporation and other operators who may have obtained permits under section 68-f(1-a) or 68-f(1-c) of the act to continue to operate their stage carriages on the route in question till march 31, 1987. we give liberty to the state transport corporation, if it desires to do so, to issue a fresh scheme under section 68-c of the act. it is open to any person who is interested in obtaining a permit to operate a stage carriage on the route in question to apply to the regional transport authority for a permit under chapter iv of the act. the regional transport authority may also issue if it is found necessary in the public interest temporary permits under section 62 of the act. the writ petition is disposed of accordingly.