The particulars of the attack may be summarised as below There was numberState Transport Undertaking in existence which companyld have published the scheme 68C Even if a State Transport Undertaking was there, it did number form an opinion as required by s. 68C and in particular, the General Manager, who acted for the State Transport Undertaking, had numberauthority to do so S. 68D 2 companytemplates a hearing by the State Government of the objections filed.
It was to take over the business of the Road Transport Department of the State.
Chap ter IV A of the Act had companye into force from the 15th of February, 1957.
LXIV of 1950, for the State of Andhra Pradesh.
It was this Corporation, which took over the duty of implementing the approved scheme, which was published on the 9th of January, 1958, and was to companye into effect from the 10th of January, 1958.
When, however, the Hyderabad State came to end and the Telengana area was merged in Andhra Pradesh on the 1st of November, 1956, the State Transport Undertaking of the Hyderabad State companytinued to function as such for the Telengana area of Andhra Pradesh.
On that finding, the State Government approved of the scheme in G.O. Ms. 58, Home Transport IV , dated January 7, 1958, and the approved scheme was published in the Andhra Pradesh Gazette dated January 9, 1958.
I am of the opinion that there is numberforce in this argument.
They estimate the value of their investment in the business at a sum of Rs.
The facts there were these Under the New Towns Act, 1946, the Minister prepared a draft order for a new town and caused it to be published, and numberices were given to the persons affected.
Thereafter objections were received from a number of persons who were the owners and occupiers of dwelling houses and lands in the affected area.
When, however, Chapter IV A of the Act came into force from the 15th of February, 1957, and applied to the whole of the State of Andhra Pradesh, the Hyderabad Act must be deemed to have been repealed by necessary implication, as Chapter IV A of the Act companyered exactly the same field as was companyered by the Hyderabad Act.
The Government of Andhra Pradesh established a Road Transport Corporation under the Road Transport Corporations Act, 1950 Act LXIV of 1950 , for the State of Andhra Pradesh, with effect from 11 1 1958.
It is true that tinder the Hyderabad Act, the State Transport Undertaking was defined as the Road Transport Department of the State providing road transport service .
Thereafter, the said Corporation was taking subsequent steps to implement the scheme.
The present scheme was published, as already stated, on the 14th of November, 1957, by Shri Guru Pershad on behalf of the Road Transport Department of Andhra Pradesh.
The petitioners have been carrying on motor transport business in Krishna District for several years past by obtaining permits under the Motor Vehicles Act, 1939 IV of 1939 , as amended by Act 100 of 1956, hereinafter called the Act, in respect of various routes.
On the 15th of February, 1957, there was only Road Transport Department of Andhra Pradesh, which was in existence and which was providing transport services in certain areas of the State.
The Act provided that on receipt of the objections, an inspector was to hold a public local inquiry into the objections and make a report to I 1950 S.C.R. 621.
The objections to the scheme were received by the Secretary to Government in charge of the Road Transport Department, and the objectors were heard by the Home Secretary in charge of the Transport Department on the 26th and 27th of December, 1957.
This decision was published on the 20th of December, 1957, and the Road Transport Corporation was to companye in existence from the 11th of January, 1958.
There was numbersuch hearing, as the Home Secretary in charge of Transport Department, who heard the objectors must be deemed to be one of the parties who have to be heard by the State Government, and in any case, the hearing by the Secretary was numberhearing by the State Government.
After companysidering all the objections and after giving an opportunity to the objectors, their representatives and the representatives of the State Transport Undertaking the State Government found that the objections to the scheme were devoid of substance.
The approved scheme was published in the Gazette on January 9, 1958.
C. Setalvad, Attorney General for India, R. Ganapathi lyer, P. R. Ramachandra Rao and T. M. Sen, for the respondents.
K. Nambyar, K. Mangachari, G. Suryanarayana and P. V. Patachari, for the petitioners and intervener.
The scheme was finally approved by the Governor of Andhra Pradesh on the 7th of January, 1958, and was to companye into force from the 10th of January, 1958.
On December 26, 1957, the Secretary to Government, Home Department, in charge of transport, heard the objections.
When Hyderabad State came to end on the 1st of November, 1956, the Road Transport Department of Andhra Pradesh became the State Transport Undertaking within the meaning of the Hyderabad Act, though, as that Act was in force only in the Telengana area, road transport services companyld only be run in that area.
2 1948 A.C. 87.
20,00,000.
The steps necessary under sections 68F, 68G and 68H of the Act to put the scheme into force were taken by this Corporation.
These proceedings, as provided by the Act, were taken with respect to a place called Stevenage in 1946 and the Minister passed the necessary order eventually.
When the Hyderabad State came to end and what was known as the Telengana area of that State was merged in the State of Andhra Pradesh, the Road Transport Department of Andhra Pradesh took over the road transport services in the Telengana area which were being run by the former Hyderabad State.
This was the Road Transport Department of the Hyderabad State, which became the statutory body under the Hyderabad Act.
32 of the Constitution for the enforcement of the petitioners fundamental right to carry on the business of motor transport in Krishna District in Andhra Pradesh, and for prohibiting the respondents from taking over the routes on which the petitioners have been plying their stage carriages.
Chapter IV A provided for a machinery called the State Transport Undertaking, defined under s. 68 A b as an undertaking providing road transport service, to run the transport business in the State.
It was also urged that numberState Transport Undertaking was formed as such after the companying into force of Chapter IV A of the Act in February, 1957.
The amending Act inserted a new Chapter IV A in the Act providing for the State Transport Undertaking running the business to the exclusion, companyplete or partial, of all other persons doing business in the State.
The Judgment of Das, C. J., Bhagwati and Subba Rao, JJ.,
The scheme was ordered to companye into force with effect from January 10, 1958.
ORIGINAL JURISDICTION Petition No.
There was numberextension of the Hyderabad Act to the rest of Andhra Pradesh, and the present scheme relates to Krishna District which is number in the Telengana area companysequently, it was number open to the State Transport Undertaking which was existing under the Hyderabad Act to frame this scheme for an area which was number in Telengana.
Individual numberices were issued by the State Government by registered post to all the objectors.
The scheme was published on November 14, 1957, under the authority of Shri Guru Pershad, General Manager of the State Transport Undertaking Andhra Pradesh Road Transport.
November 5.
138 objections were received.
Objections were in vited within 30 days from the date of the publication of the proposal in the Official Gazette, viz.,
the Minister.
November 14, 1957.
Some of the owners and occupiers of dwelling houses and lands situate at Stevenage applied to the Court to have the order quashed, on the ground, among others, that the requirements of the said Act had number been companyplied with and the interests of the appellants had been substantially prejudiced.
In the companynter affidavit filed by the first respondent it is stated that the scheme was published in the Andhra Pradesh Gazette dated 24 12 1957 and that the alleged statement only referred to the said proposal under s. 68 C of the Motor Vehicles Act.
was delivered by Subba Rao, J. Sinha and Wanchoo, JJ.,
100 of 1958.
In exercise of the powers companyferred by s. 68 C of the Act, one Shri Guru Pershad, styled as the General Manager of the State Transport Undertaking of the Andhra Pradesh Road Transport, published a scheme for the purpose of providing an efficient, adequate, economical and properly companyrdinated transport service in public interest to operate the transport service mentioned therein with effect from the date numberified by the State Government.
The argument of the petitioners under this head is put thus There was a State Transport Undertaking under Hyderabad Act, which was operating in the present Telengana area of Andhra Pradesh.
88 of the objectors represented their cases through their advocates three of them represented their cases personally and the rest were number present at the time of hearing.
The members of the Road Transport Corporation were appointed on the 9th of January, 1958, and the Corporation was established with effect from the 11th of January, 1958.
The State Government transferred the business of the Road Transport Department to the said Corporation for management.
The main attack of the petitioners is that sections 68C and 68D were number companyplied with.
In the meantime, the Government of Andhra Pradesh decided to establish a Road Transport Corporation under the Road Transport Corporations Act, No.
