Section 76 of Act 56 of 1969 which was inserted into the Motor Vehicles Act 1939 as s. 135 saved permissions or exemptions granted as well as things done or actions taken under the repealed enactment so far as they were number inconsistent with the provisions of the Act.
Despite the statutory prohibition against any private operator plying a stage carriage on any part of the nationalised route in the absence of a provision in the scheme of nationalisation, it appears that a practice grew up we have borrowed the word Practice from one of the judgments of Allahabad High Court which was cited before us in Uttar Pradesh of permitting private operators to ply their stage carriages over companymon sectors of nationalised routes provided they did number set down or pick up passangers at any point on the companymon sectors.
The Practice was wholly unauthorised and without any legal sanctions whatsoever.
This was provided by sec.
However in 1976, the Uttar Pradesh Legislature enacted the Uttar Pradesh Motor Vehicles Special Provisions Act, 1976 to provide for the grant of authorisation to holders of stage carriage permits to ply their stage carriages over companymon sectors.
10 1 c of U.P. Act IX of 1955 was patently inconsistent with the provisions of Chapter IV A of the Motor Vehicles Act, 1939 and the permission, therefore, ceased to be effective from 1.4.1971, the date of repeal of the 1955 Act.
The permission granted under sec.
Under Article 32 of the Constitution of India.
N. Kacker, K.K. Venugopal, R.K. Jain, Ms. Abha Jain, Gaurav Jain, Mohd.
ORIGINAL JURISDICTION Writ Petition Civil No.
Iqbal, R.A. Sharma and B.S. Chauhan for the Petitioners.
255 of 1986 etc.
However, by virtue of sec.
The result was that from the respective dates of nationalisation, it was number permissible to permit any private operator to ply a stage carriage on any sector of the nationalised route.
10 1 c of Uttar Pradesh Road Transport Services Development Act, IX of 1955, these several petitioners were allowed to ply their stage carriages on the whole of their routes including the companymon sectors.
The Uttar Pradesh Road Transport Services Development Act, 1955 was repealed by Central Act 56 of 1969.
Act 56 of 1969 came into effect from April 1, 1971.
The Order of the Court was delivered by CHINNAPPA REDDY, J. The petitioners in these writ petitions and special leave petitions held permits to ply stage carriages over various routes in Uttar Pradesh, sectors of which routes were parts of routes which were nationalised in the Fifties.
Operation of stage carriages by private operators was totally excluded.
Therefore, it was numberlonger permissible for the private operators to ply their vehicles on the companymon sectors from 1.4.1971 onwards.
