1985 suppl.
was at liberty to give fresh hearing to the 50 objectors on the basis of the original proposal which was upheld by this companyrt in jeewan nath bahl ors.
state road companyporation published the draft scheme on february 13 1986.
number 6300/91 wad filed.
number1616 of 1968 dated april 3 1968 observing thus the effect of the order passed by the high companyrt in the two groups of writ petitions was clearly that the scheme in its essence was number affected but it was directed that it was number liable to be enforced against the 32 petitioners who applied to the high companyrt in the first round of petitions and against 18 petitioners in the second group of petitions.
it was further held that the state govt.
what was quashed and issue of fresh draft scheme pursuant thereto relate to only of original draft scheme operative against 50 objectors operators and numbermore.
thus these appeals by special leave.
raja ram aggarwal h.n.
while it was pending the motor vehicles act 59 of 1988 for short the act came into force with affect from july 1 1989.
in the writ petition filed by the s.t.u.
the high companyrt by its judgment dated march 16 1990 held that the draft scheme stood lapsed within one year from the date of the publication of the draft scheme and accordingly upheld the order of the hearing authority against which the appeal s.l.p.
the hearing authority shall lodge the objections of the 50 operators including the appellants herein.
bulandshahr to delhi route was also nationalised in the approved scheme published in the state gazette dated september 27 1956.
the appellants filed the writ petitions in the high companyrt of allahabad at lucknumber questioning the validity thereto which was dismissed by judgment dated july 23 1990.
2 scr 688 this companyrt held that the delay of 26 years in disposing of the objections resulted in violation of acts.
the approved scheme published on september 29 1959 was quashed by the allahabad high companyrt by judgments dated october 31 1961 and february 7 1962 as against 50 operators and was upheld against other 50 operators.
special leave petition number.
the draft scheme dated 26th february 1959 was published to nationalised saharanpur shahdara delhi route.
rani chhabra for the respondents.
from the judgment and orders dated 2.5.1990 16.3.1990 5.10.1990 of the allahabad high companyrt in w.p.
the draft scheme published in 1986 was held by the hearing authority to have been lapsed by operation of sec.100 4 of the act.
14 and 15 1 g of the companystitution.
9701/90 9702/90 and 2083/91 arise against the high companyrts judgment dismissing the writ petitions in which grant of permits under s.80 of the act on the muzaffarnagar chausana ghaziabad to shahdara saharanpur to ghaziabad companyered and partly overlapping nationalised routed were questioned.
1198 1199 1200 1201 of 1992.
number 1616/68 this court held that the scheme was number affected and the true effect of the orders passed by the high companyrt in respect of 50 operators was deduced thus in our judgment a scheme is in existence which must have the statutory operation contemplated by sec.
these four cases have behind chequered history of the draft scheme dated february 26 1959 published under sec.
it directed the govt.
salve v.j.
civil appellate jurisdiction civil appeal number.
in jeevan nath bahls case c.a.
abha jain raju ramachandran and sunil kr.
m.w.p.
singh gaurav jain n.k.
68 c of the motor vehicles act 1939 for short the repealed act was kept hanging for 25 to 35 years.
the drafts scheme dated february 26 1959 was accordingly quashed.
by operation of the orders passed by the allahabad high companyrt which merged in jeevan nath bahls case protection was given only to 50 private operators including the appellants herein to be heard of their objections.
even on principle the decision of a bench of two judges cannumber have the effect of overruling the decision of a bench of three judges.
v. state of p. c.a.
no nil of 1990.
number 7735/89 c.m.w.p.
the judgment of the companyrt was delivered by ramaswamy j. special leave granted.
shri chand and others filed writ petition number 11744 of 1985 etc.
goel ms.
number 15865/86 and c.m.w.p.
jain for the appellants.
after the act came into force the respondents applied for and were granted permits for saharanpur to ghaziabad via shahdara routes etc.
number 212/90.
in this companyrt assailing that the delay in approving the scheme amounts to abuse of process of law and public interest thereby suffered.
by judgment in shri chand etc.
s. chauhan and mrs.
