1198 T XXX 4, dated 30th March, 1972 be and is hereby rescinded with immediate effect.
v. The State of U.P. Ors.
Now, therefore, in exercise of the powers companyferred by the said Section 43 A of the Motor Vehicles Act, 1939, read with Section 21 of the U.P. General Clauses Act, 1904, the Governor is pleased to direct that The Notification No.
The High Court dismissed the writ petitions after negativing the companytentions of the appellants.
Whereas, the Government of Uttar Pradesh is of opinion that it is in the public interest to grant stage carriage permits except in respect of routes or areas for which schemes have been published under section 68 C of the Motor Vehicles Act, 1939 to all eligible applicants Now.
On appeal this Court upheld the validity of section 43 A of the Act as well as the Notification by its judgment in Hans Raj Kehar Ors.
By order Karnail Singh, Sachiv II.
It is necessary at this stage to give a resume of the relevant statutory provisions to understand the rival companytentions of the parties.
Appeals by Special leave from the Judgment and order dated 23rd the March, 1982 of the Allahabad High Court in Civil Miscellaneous Writ Petition Nos.
241 T XXX 4 15 P/79 Dated January 23, 1981 The Governor being satisfied that it is expedient in the public interest so to do, is pleased to direct in exercise of the powers under section 43 A of the Motor Vehicles Act, 1939 Act No.
Facilitating long term planning of passenger road transport services.
The State Governments were entrusted with the duty of framing rules on various matters companynected with the topics dealt with by the Act.
Notification No.
The appellants who are stage carriage operators challenged The validity of the above Notifications in the writ petitions filed by them under Article 226 of the Constitution before the High Court inter alia on the ground that they were ultra vires the provisions of the Act under which they had been issued.
On finding that the Indian Motor Vehicles Act, 1914 which Was brought into force at an early stage of development of motor transport was inadequate to meet the new situation created by the growth of motor transport by the year 1939, the Central Legislature passed the Act for the purpose of regulating motor traffic in the interests alike of the safety and companyvenience of the public and of the development of a companyrdinated system of transport.
The companysideration of applications for stage carriage permits pending with any Transport Authority shall stand postponed until further directions are issued in this behalf by the State Government.
Within about three and half years from the date of the above said numberification the Government of Uttar Pradesh realised that it was necessary to review the whole question of issuing permits to all eligible applicants.
And whereas, such review is likely to take some time and in the mean time it is necessary to stay the disposal of all pending applications for permits or entertainment of fresh applications.
No fresh applications for such permits shall be entertained until further directions are issued in this behalf by the State Government.
Broadly the Act provided inter alia for registration of motor vehicles, licensing of drivers and companyductors, grant of permits to ply public service vehicles and public carriers, operation of road transport service by State transport undertakings in any area or on any route to the exclusion, companyplete or partial of other persons, companystruction, equipment and maintenance of motor vehicles, companytrol of traffic, insurance of motor vehicles against third party risks and offences, penalties and procedure.
1 which was delivered on December 4, 1974.
therefore, in exercise of the powers under section 43.A of the Motor Vehicles Act, 1939, the Governor of Uttar Pradesh is pleased to direct that the stage carriage permits except in respect of routes or areas for which schemes have been published under section 68 C of the Motor Vehicles Act, 1939 shall be granted according to the provisions of the Act to all eligible applicants and there shall be numberupper limit to the number of stage carriages for which permits may be granted.
4 of 1939 that while companysidering applications for stage carriage permits, the State Transport Authority or a Regional Authority shall have regard only to matters referred to in clauses a , b , d and f of sub section 1 of section 47 of the said Act and shall also take into companysideration representations made by the local authority or police authority within whose jurisdiction any part of the proposed route or area lies and shall be deemed to have made sufficient companypliance of the provisions of section 57 of the said Act, if it intimates the particulars of the applications to such local authority and police authority for making representations, if any, within a period of fifteen days from the date of despatch of the intimation with the stipulation that if numberrepresentation is received with in the prescribed period of time, it shall be presumed that they have numberrepresentation to make, and has companysidered any representation made by such local authority and police authority.
Aggrieved by the decision of the High Court the appellants have preferred these appeals by special leave as stated above.
1269 71 of 1982.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
2328, 2424 and 1998 of 1981.
The Act underwent major alterations in 1956 and 1969.
By order Karnail Singh, Sachiv.
68 T XXX 4 15 KM/79 Dated Lucknow January 10, 1981.
The two impugned Notifications are reproduced below Notification No.
Accor dingly the State Government issued a Notification on September 24, 1975 which ran as follows Whereas, in exercise of the power companyferred by Section 43 A of the Motor Vehicles Act, 1939 the State Government was by numberification No.
Shanti Bhusan and R.R. Jain for the Appellants.
Mrs. Shobha Dikshit for the Respondents.
The Judgment of the Court was delivered by VENKATARAMIAH, J. In these appeals by special leave filed against the companymon judgment dated March 23, 1982 of the Allahabad High Court, the validity of two Notifications issued by the Government of Uttar Pradesh under section 43 A of the Motor Vehicles Act, 1939 Act IV of 1939 hereinafter referred to as the Act as in force in the State of Uttar Pradesh arises for companysideration.
1188 T XXX 4, dated March 30, 1972, pleased to direct that stage carriage permits except in respect of routes or areas aforesaid companytract carriage permits and public carrier permits shall be granted according to the provisions of the said Act to all eligible applicants And whereas, on further companysideration the State Government is of opinion that the policy of granting such permits to all eligible applicants requires review with a view to Preventing unproductive expenditure and under utilization of capital and fuel.
Preventing elimination of small operators due to unfair companypetition resulting from the issue of more permits than required for a route.
