- (1.) There are twenty-two appeals by special leave together with thirteen connected special leave petitions involving acommon question of law for decision before us. This question arises out of three approved schemes, which may be called the Anekal Scheme dated 15/04/1959, the Gulbarga Scheme dated 18/02/1960, and the Bangalore Scheme dated 7/06/1960, for the nationalisation under Ch. IVA of the motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') , of transport services on certain routes lying within the State of Mysore. But, parts of these intra-State routes overlap inter-State routes over which private transporters were granted permits and then their renewals by the state transport authorities to ply their vehicles. The Mysore State Road transport Corporation objects to these permits in so far as they cover overlapping portions of intra-State routes. The common question of law which arises may be formulated as follows: Can a permit be granted to an inter-State Transport Operator for the whole of his route despite the fact that a part of the route overlaps a part of a notified intra-State route
(2.) There can be no doubt that the Mysore State Transport Undertaking has the power to frame a scheme under S. 68c of Ch. IVA of the Act, providing In the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State Transport Undertaking, whether to the exclusion, complete or partial, of other persons or otherwise. This power includes the power to exclude even inter-State motor operators altogether from a part of any notified route. The transport authorities have no power to deviate from or modify the terms of approved schemes which have the force of law. They can issue or otherwise deal with permits only in accordance with the provisions of the schemes which may be of either partial or total exclusion of private operators from notified routes. We have to determine whether the schemes before us are of partial or total exclusion.
(3.) S. 68c requires, as a condition precedent to any exclusion of private operators under a scheme of nationalisation from "any area or route or portion thereof', that the scheme should give "particulars of the nature of services proposed to be rendered, the area or route proposed to be covered and such other particulars respecting thereto as may be prescribed". Each scheme has to be published in the official gazette and also "in such manner as the State government may direct". A scheme finally emerges, after opportunities given under S. 68d of the Act for objections by persons interpsted in providing transport facilities as well as by local and police authorities within the area or upon the routes proposed to be covered by a scheme, as an approved scheme in which the original proposal may or may not have been modified. Each scheme so approved can be either cancelled or modified by the State Transport Undertaking under S. 68e of the Act in accordance with the procedure laid down by S. 68c and 68d of the Act.;