P.P.NAOLEKAR,J. - (1.) THE judgment in this case shall also decide the writ petition No. 6521 of 1991 (Fakruddin v. R.T.A. Udaipur and Anr.) as the questions involved are identical.
(2.) THE petitioner Rajasthan State Road Transport Corporation (in short, to be called 'the Corporation' hereinafter) has been established and constituted under the provisions of the Road Transport Corporation Act with effect from October 01, 1964. It has been established and constituted for the purpose of providing efficient, economic, adequate and properly co -ordinated transport -services in the State of Rajasthan. The Corporation has published number of schemes of total exclusion from time to time which have been approved and notified as schemes of total exclusion under Section 68 -D (3) of the Motor Vehicles Act, 1939. There are 3 separate schemes viz., (i) Udaipur. - Fatehnagar, (ii) Udaipur - Ajmer, and (iii) Udaipur - Badi Sadari. These are approved schemes of total exclusion and were notified in the Gazette, by the State Government. These Schemes have been saved under the provisions of Section 217 of the Motor Vehicles Act, 1988. Initially, these approved schemes were schemes of total exclusion of the private operators. Subsequently, having regard to the hardship and inconvenience caused to the travelling public on the non -scheme routes on account of scheme routes where there was a total exclusion, the State Government issued two notifications, first on August 03, 1976 and another on April 12, 1979 modifying all the schemes of total exclusion by incorporating therein a new clause. The said notifications dated 03.08.76 and 12.04.79 read as under: Notification dated 03.08.76: Notwithstanding anything contained in this scheme of Nationalisation notified under subsection (3) of Section 68 -D of the Motor Vehicles Act, 1939, the State Transport Authority or the Regional Transport Authority, as the case may be, may if it considers necessary in the public interest, allow to the permit holders other than the State Transport undertaking, overlapping of the notified area, route or portion thereof, which shall in no case exceed 10 Kms. with the condition that such permit holders shall not -pick up or set down passengers on such overlapped portions: Provided that the total nationalised route shall not be less than five times the length of overlapped portions and Provided further that there in no other route available to the private operators except the overlapped route. Notification dated 12.04.79: Notwithstanding anything contained in this scheme of nationalisation notified under Sub -section (3) of Section 68 -D of the Motor Vehicles Act, 1939, the State Transport Authority or the Regional Transport Authority, as the case may be, may if it considers necessary in the public interest, allow to the permit holders other than the State Transport undertaking overlapping of the notified area, route or portion thereof witch shall in no case exceed 10 kms, with the condition that such permit holders shall not pick up or set down passengers on such overlapped portions: Provided that the total nationalised route shall not be less than five times the length of overlapped portion; Provided further that there is no other route available to the private operators except the overlapped portion. By virtue of these notifications each scheme of the nationalised routes has been modified including the three schemes in question. It is manifest from the modification of the schemes by inclusion of the aforesaid portion in the scheme by notification dated 03.08.76 and notification dated 12.04.79 that the private operators of a non -scheme route are allowed to ply their vehicles on the portion overlapping the notified roue on the conditions that: i. the overlapping portion does not exceed 10 Kms; ii. there is no other route available to the private operators except the overlapping portion; and, iii. the operator shall not pick up or set down passengers on such overlapping portions. The modified scheme thus permits non -scheme routes' permit holders to overlap on the notified route.
(3.) THE second respondent Hem Das submitted an application before the Regional 'Transport Authority on 04.09. 91 for opening a new non -scheme route from Fatehnagar to Dhariavad via Changeri, Khempur, Dhardav, Vallabhnagar Station, Vallabhnagar village, Bhatevar, Navaliya, Mod, Kheroda village, Amarpura, Kundwas Chauraha, Bansra, Kedariya, Heenta, Bhinder, Motiya, Bikvaniya, Bogri -mata, Panund, Arniya, Kuntha, Lassqriya, Dhanniya Ghata, Nadakhera, Nimbari Khera, arid to grant permit on the said route. By order dated 30.09.91 the Regional Transport Authority has passed the order opening the new non -scheme route. According to the petitioner the new route which has been permitted to be opened by the Regional Transport Authority for the grant of non - temporary stage -carriage permit on the Fatehnagar Dhariawad route which is1 120 Kms in length, overlappes the three nationalised routes of approved and notified schemes of total exclusion in various portions as under : (a) the portion from Vallabhnagar to Bhatevar in a length of 8 Kms which is a portion of Udaipur - Fatehnagar notified route implemented in the year 1985; (b) the portion from Bhatevar to Navaniya Mod in a length of 5 Kms which is a portion of Udaipur - Ajmer nationalised route implemented in the year 1975; (c) the portion from Kheroda village to Bansara in a length of 9 kms which is a portion of Udaipur - Badi Sadri notified route implemented in the year 1985; and, (d) the portion from Bhinder Railway Station to Bhinder village in a length of 3 Kms which is again a portion of the notified Udaipur -Badi Sadri route already implemented in the year 1985. and the overlapping on the nationalised route is 25 Kms which is not permissible under the law. ;