1987 (2) TMI 521 - SC - Indian Laws

Supreme Court quashes draft scheme under Motor Vehicles Act, permits continue until 31-8-1987.

K.T. Dharanendrah Versus Regional Transport Authority & Ors

K.T. Dharanendrah Versus Regional Transport Authority & Ors - 1987 AIR 1324, 1987 (0) Suppl. SCC 76, 1987 (1) JT 526 Issues involved: Application for temporary permit under Section 68(F)(IC) of the Motor Vehicles Act, validity of draft scheme published under Section 68C, delay in finalizing scheme under Section 68D, continuation of services under permits obtained u/s 68F(1A) or 68F(IC).Validity of Draft Scheme under Section 68C:The appellant applied for a temporary permit under Section 68(F)(IC) of the Motor Vehicles Act due to a scheme published under Section 68C by the State Transport Undertaking. The Supreme Court called upon the State Transport Undertaking to explain the delay in finalizing the scheme under Section 68D, which remains unapproved. Citing precedents, the Court quashed the draft scheme due to the State Transport Undertaking's failure to provide a satisfactory explanation for the delay. The Court allowed the continuation of services under permits obtained u/s 68F(1A) or 68F(IC) until 31-8-1987 for those currently operating services.Future Course of Action:The Court reserved liberty for the State Transport Undertaking to either initiate a fresh scheme under Section 68C or proceed with any other draft scheme already published for the route in question. With the quashing of the scheme, the Court clarified that the consideration of applications under Section 68F(IC) in relation to the now-quashed draft scheme does not arise.Disposition:The appeal was disposed of accordingly, affirming the quashing of the draft scheme and providing guidance on the continuation of services under existing permits until a specified date.