9 M. The Board Resolution directed inclusion of Sagar Rehli Garhakota Jabalpur and Patharia Damoh routes for exclusive operation by the State Corpora tion.
The Board directed that the Scheme giving the de tails should be placed before the Board for its approval.
9 M The proposal was then placed before the Board of the State Transport Undertaking referred to hereinafter as the Under taking by, the General Manager.
1395 and authorised companyse quential action.
The Transport Authorities granted fresh permits companyer ing Abhana Garhakota portion treating it to be a portion of joint operation with others.
Scheme No.
The approved Scheme came into force with effect from 19 November, 1974.
The Board of the Undertak ing companysidered the matter at its meeting held on 20 August 1973 and passed Resolution No.
The portions Sagar Bhopal, Rehli Garhakota, Hatta Panna, Ka tangi Majhouli and Damoh Chhatarpur via Hirapur were kept for joint operation with existing permit holders with the companydition that the permit holders with existing permits were number to pick up passengers from and to any station lying between Nohta Abhana Garhakota or any other two stations on Jabalpur Sagar road and Damoh Hatta and vice versa.
8354approving the proposal modifying Scheme No.
Under section 68D of the Act persons companytemplated in the Act might file objections and the State Government would hear objections and then approve or modify the Scheme.
This action of the Transport Authorities was found to be destructive of the true inten tion of Scheme No.
Appeal by Special Leave from the Judgment and Order dated the 16th September, 1976 of the Madhya Pradesh High Court in Misc.
20 of the list is set out the name of United.
In this background Scheme No.
9 M was published in the Official Gazette on 7 December 1973.
The Board of the Undertaking approved the proposal by Resolution No.
The State Government on 21 September 1974 approved the Scheme after having heard the objections.
9 M giving details was prepared and the proposal was placed before the Board of the Undertaking at the meeting held on 29 November, 1973.
The Scheme was thereafter companysidered by the Special Secretary to the State Government in exer cise of powers under section 68D of the Act.
9 M. It thus became necessary to modify Scheme No.
Under the Scheme which came into force with effect from 2 April, 1965 Jabalpur Sagar and Damoh Hatta portions of the routes were reserved for exclusive operation by the State Transport Undertaking.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
9 M relating principally to Jabalpur Sagar and Damoh Hatta routes was published by the State Transport Undertaking in the State Gazette on 15 November, 1963.
The appellant also impeached the Scheme as published in the Gazette on 11 October, 1974.
Petition No.
N. Phadke, S.Q. Hasan and A.C. Ratnaparkhi for the appellant.
The appellant made an application under Articles 226 and 227 of the Constitution in the High Court and impeached the order dated 21 September 1974 whereby the Government dis missed the appellants objections against Scheme No.
The Scheme was approved and finally published in the State Gazette on 12 February 1965.
The Judgnent of the Court was delivered by RAY, C.J. This appeal is by special leave from the judgment dated 16 September, 1976 of the High Court of Madhya Pradesh.
1166 of 1976.
1004 of 1974.
Ram Panjwani, H.S. Parihar and 1.
N. Shroff for Respond ent.
The approved Scheme was numberified in the State Gazette dated 11 October 1974.
9 M relating to Road Transport Nationalisation.
Niren De, Attorney General, Rameshwar Nath and Y.B. Desai, for Respondent No.
