1958 (11) TMI 28 - SC - Indian Laws

Court upholds Motor Vehicles Act scheme but faults State approval process for lack of natural justice

GULLAPALLI NAGESWARA RAO AND OTHERS Versus. ANDHRA PRADESH STATE ROAD TRANSPORTCORPORATION AND ANOTHER

GULLAPALLI NAGESWARA RAO AND OTHERS Versus. ANDHRA PRADESH STATE ROAD TRANSPORTCORPORATION AND ANOTHER - 1959 AIR 308, 1959 SCR Supl. (1) 319 Issues Involved:1. Constitutionality of Chapter IV-A of the Motor Vehicles Act, 1939.2. Validity of the scheme framed under Chapter IV-A.3. Authority of the General Manager to publish the scheme.4. Compliance with the procedural requirements of Sections 68-C and 68-D of the Act.5. Nature of the hearing by the State Government under Section 68-D(2).6. Alleged bias and prejudgment by the State Government.7. Implementation of the scheme by the Road Transport Corporation.Issue-Wise Detailed Analysis:1. Constitutionality of Chapter IV-A of the Motor Vehicles Act, 1939:The petitioners contended that Chapter IV-A of the Act violated their fundamental rights under the Constitution, particularly Article 31. They argued that it authorized the State to acquire undertakings without providing compensation, thus constituting a fraud on the Constitution. The Court held that Chapter IV-A did not infringe the fundamental rights of the petitioners under Article 31. It was determined that the provisions did not involve a transfer of ownership or right to possession of any property to the State or a Corporation, and therefore, no compensation was required under Article 31(2).2. Validity of the scheme framed under Chapter IV-A:The petitioners argued that the scheme was ultra vires the Act, as it did not comply with Sections 68-C and 68-D. The Court found that the scheme was published by the General Manager of the State Transport Undertaking, and the procedural requirements were followed. However, the approval of the scheme by the State Government was found to be vitiated due to non-compliance with principles of natural justice.3. Authority of the General Manager to publish the scheme:The petitioners questioned the authority of Shri Guru Pershad, the General Manager, to publish the scheme. The Court held that Guru Pershad was the General Manager of the Road Transport Department of the erstwhile Hyderabad State and continued to function as such in Andhra Pradesh. Therefore, he had the legal authority to represent the State Transport Undertaking and publish the scheme.4. Compliance with the procedural requirements of Sections 68-C and 68-D of the Act:The petitioners contended that the scheme did not disclose that the State Transport Undertaking was of the opinion that it was necessary in the public interest. The Court found that the scheme's preamble indicated that it was proposed for providing an efficient, adequate, economical, and properly coordinated road transport service in public interest. Thus, it was inferred that the necessary opinion was formed before publishing the scheme.5. Nature of the hearing by the State Government under Section 68-D(2):The petitioners argued that the State Government was discharging a quasi-judicial function and should have given a personal hearing to the objectors. The Court held that the State Government's order under Section 68-D was a judicial act. However, the hearing given by the Secretary, Transport Department, who was also in charge of the Transport Department, violated the principles of natural justice, as he was an interested party.6. Alleged bias and prejudgment by the State Government:The petitioners alleged that the Government had prejudged the case before holding the enquiry, as indicated by the Chief Secretary's statement to the press. The Court found that the statement referred to the proposed scheme and did not indicate a prejudgment of the objections. However, the hearing was vitiated due to the Secretary's involvement, who was part of the Transport Department.7. Implementation of the scheme by the Road Transport Corporation:The petitioners argued that the Road Transport Corporation could not implement the scheme proposed by the defunct State Transport Undertaking. The Court held that the Road Transport Corporation, established under the Road Transport Corporations Act, 1950, was the successor to the State Transport Undertaking and had the authority to implement the scheme.Conclusion:The Court quashed the order approving the scheme due to the violation of principles of natural justice in the approval process. The State Government was directed to conduct a fresh enquiry in accordance with the law, allowing the petitioners to file additional objections. The parties were directed to bear their own costs.