(1.) This order shall dispose of a bunch of writ petitions which do not necessarily involve identical questions of law or facts. However, the genesis of all the cases is broadly the same and issues involved are so overlapping and thickly tied to each other that we deem it appropriate to decide them through a common order. For the sake of convenience, we propose to segregate these cases into the following seven groups, out of which five pertain to one or the other Scheme of State of Punjab while the remaining two relate to the Schemes formulated by State of Haryana :-
(2.) We clarify at the outset and it has been so submitted by counsel for the parties also that instead of dwelling upon the facts of each and every case or the prayers made therein, we may address the moot point fencing around the legality of Scheme(s) purportedly framed by the Governments of Punjab or Haryana in exercise of powers under Section 99 (Chapter-VI) of the Motor Vehicles Act, 1988. The consequential or incidental claims of each petitioner can thereafter be effectively adjudicated by the State or Regional Transport Authorities or the Appellate Tribunal notified under the Act.
(3.) The Motor Vehicles Act, 1939 replaced the Indian Motor Vehicles Act, 1914 and also repealed wholly or in part several enactments of State Legislatures mentioned in its Twelfth Schedule. Section 43 of this Act empowered the State Government to have complete control on road transport. The grant of Stage Carriage Permit was somewhat a discretion of the Regional Transport Authority guided by the factors enumerated in Section 47 and subject to the conditions mentioned in Section 48. Similar was the procedure for the grant of Contract Carriage Permits. Chapter IV-A was a post-Constitution addition in tune with Article 19(6)(ii) of the Constitution containing "Special Provisions relating to State Transport Undertakings", Section 68B thereof gave overriding effect to Chapter IV-A over Chapter-IV and other laws.
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