CHHATISGARH YATAYAT SANGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner No. 1 is an association representing all the Stage and Contract Carriage permit holders, whereas petitioners 2 and 3 are private limited companies registered under the Companies Act. The petitioners in this petition have challenged the notification of the State Government dated 3 -10 -1992 (Annexure -A/1) whereby the State Government has granted permission to ply three wheeler tempos on all the routes to the extent of 40 kilometers around Durg and Bhilai towns.

(2.) THE contention of the petitioners is that this permission in fact modifies the Nationalised Scheme No. 15 and, therefore, could only be affected as per the provisions made under Section 102 of the Motor Vehicles Act (59 of 1988). On the other hand, it is the case of the State Government that three wheeler tempos are motor cabs and they do not fall within the ambit of Scheme No. 15 and, therefore, there was no necessity of taking proceedings under Section 102 of the Motor Vehicles Act, 1988 before the notification dated 3 -10 -1992 was issued by the State Government.

(3.) ONCE a Scheme is published under Section 68 -D of the Motor Vehicles Act, 1939, in relation to any area or route, or portion of the route, no person other than the State Transport Undertaking may operate on the notified area or notified route, except as provided under the Scheme itself and a necessary corollary no private operator is permitted to operate his vehicle on the notified area or notified route, unless he is authorised by the terms of the Scheme itself. Reliance is placed on Adarsh Travels Bus Service v. State of U. P., AIR 1986 SC 319.