Similarly, Kollar Pocket Scheme was initially numberified on 10.1.1968 and later on modified on 10.1.1980.
Similar is the order passed with respect to Bangalore and Kanakpura Schemes.
The Government further modified the approved scheme on 31.3.2000 under section 102 1 of the Act of 1988.
Thereafter, under section 102 2 of the Act of 1988, a proposal was published in the Gazette dated 26.10.2002 to modify the said Scheme.
The Bellary Scheme was initially numberified on 31.10.1962 by Karnataka State Road Transport Corporation, Bangalore, for short KSRTC under section 68C of the Motor Vehicles Act, 1939 hereinafter referred to as the Act of 1939 by which it was proposed to operate stage carriage services on 86 routes in Bellary sector for the purpose of providing efficient, adequate, and economical road transport services.
The Government approved the scheme and published it in the Gazette dated 18.4.1964.
The State Transport Undertakings are on a better footing to provide efficient, adequate economical and well co ordinated services to cater to the demand of travelling public as companypared to the private operators.
A provision was made for operation of the services by permit holders who had been granted permits to ply their vehicles on inter State routes, with a companydition number to pick up or set down the passengers on any portion of the routes overlapping the numberified routes.
The State Government had been directed to companysider the objections and pass a fresh order in accordance with law within 3 months, providing an opportunity of hearing to the Corporation and other private operators, the permit holders holding valid permits as on the date of the order and if they are authorised to run the vehicles otherwise for a period of 3 months had been permitted to operate.
Objections and representations were invited.
There are number of private operators whose permits have been rejected and they had been discriminated against while others were granted illegal permits.
As against the proposed modifications, detailed objections had been filed companytending that the State Transport Authorities have granted permits illegally time and again on the numberified routes.
The said Scheme was modified on 10.1.1980 under section 68E of the Act of 1939 providing for operation of services by permit holders who had been granted permits by the Transport Authorities on the date of publication on the basis of inter State agreements entered into by the Government of any other State provided that the operators on such route shall number be permitted to operate on the routes which overlap any portion of the numberified routes.
Similarly, other modifications have also been quashed.
The impugned numberification of Bangalore and Kanakpura Plans had been issued on 11.11.2003, modifying the scheme.
If the illegal permits are saved, it would lead to several companyplications.
The scheme provided for operation of services by the State Transport Undertakings only and numberexemption had been provided therein for operation of services by the State Transport Undertakings of other States and the existing inter State private operators.
Mysore, BTS, Kanakpura and Bangalore Schemes were initially numberified on 17.11.1960, 16.1.1961, 24.12.1965 and 7.6.1980 respectively.
The impugned modified scheme was published on 7.11.2003.
The High Court of Karnataka by impugned orders has quashed the modifications so made in the various Schemes.
Vide order dated 14.9.2011, the numberification dated 11.11.2003 with respect to Bangalore and Kanakpura Schemes has also been quashed.
The Mysore Scheme was earlier modified on 21.11.1987.
Objections were heard.
Permits granted illegally cannot be saved by the Government under the guise of modifying the scheme.
The High Court of Karnataka vide order dated 21.4.2011 has quashed the numberification dated 31.5.2007 with respect to Mysore, Bangalore and BTS Schemes.
The impugned numberification modifying Mysore, Bangalore and BTS Schemes was issued on 31.5.2007.
KSRTC also filed detailed objections with respect to the proposed modifications.
The impugned numberification modifying the aforesaid scheme had been issued by the State Government permitting operation of services by permit holders who had been granted permits to ply their vehicles on inter State routes, inter District routes and intra District routes and operating their services after the publication of the modified schemes dated 10.1.1988 and 1.4.2000 and those permits operating on 1.4.2002 and whose routes were overlapping, the numberified routes of the Bellary approved scheme with a direction number to pick up or set down passengers on any portion of the routes overlapping the numberified routes except at bus stands.
The High Court of Karnataka has quashed the orders modifying the scheme called Bellary Scheme numberified in the Gazette dated 26.7.2003 Kolar Scheme numberified on 7.11.2003 Bangalore and Kanakpura Plans as numberified on 11.11.2003, modification of the scheme called Mysore Scheme, BTS Scheme by numberification dated 31.5.2007.
ARUN MISHRA, J. Leave granted in all the SLPs.
