LexSINDHI SAHITI MULTIPURPOSE TRANSPORT CO-OPERATIVE SOCIETY LTD. versus STATE OF MADHYA PRADESH & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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SINDHI SAHITI MULTIPURPOSE . TRANSPORT
TIVE SOCIETY LTD.
CO-OPERA-
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STATE OF MADHYA PRADESH & ORS.
, Nf!vember, 16, 197p ...
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[A. N. RAY, C. J., M. H. BEG AND JASWANT SINGH,. JJ.]
Motor- Vehicles 'Act,· 1939 Chapter IV·A, Scheme ·under, Whether open
talconstitutional. challenge-S • . 68D.- objectionJ 1against scheme, scope of., . .,, _ .
. The Government. of l\la<;lhya Pradesh .proposed to pass scheme No. 9·~1.
reg3.rding the. nationalisation of road transport. .The scheme· was approved and
notified in the State Gazette. after the appellant's objections made under section
68D of the ~lotor Vehicles-Act •. 1939,--had been heard ... The appellant filed a
writ petition' in the 1High Court _challenging ·the _Government's rejection1of his
<>bjec1ons, and also impeaching the scheme as published in the gaz.ette.-
The
High Court dismissed the petition holding that, as Chapter IV-A of the Act has
been included as Entry 125 in the Ninth Schedule to the
Constitution.
the
:Scheme cannot be challenged.
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Dismissing the appeal the Court,
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1. ;Though Chapter IV-A of the Act is not open-to any· constitu-
tional. challenge, it is open to any . aggrieved· person to challenge any scheme
on the ground that it is not a valid scheme as required by the provisions of
Chapter IV-A of the 'Act.' [87 CD]·
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·,_~- 2 ... Under section 68D of the Act the only Scope for objection is whetb.er the
scheme is efficient and adequate and not \Vhether-· exclusion is comp1ete or
partial. [91·A-B)
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~ ~' t Objections _are confined. only _1 to the , four~ grounds , of ,efficiency __ .adeQ\,lacy,
economy and proper coordination of road transport service.
There was never
any objection to the Scheme on exclusion relatel.d t.o any of the!e grounds. [90
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.J ca-Pita! M1:11ipUrP0Se Coope~litive · SO~iety Bhopa'l and
10~s. v. The State of
M.P. & Ors. [1967) 3 S.C.R. 329, applied.
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H. C. Narayanappa & Ors. v. The State of Mysore & Ors., [1960) 3 S C.R.
742, referred to:
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cML. APPELLATE JURISDICTION:
Civil Appeal No. 1166 of
1!176.-.
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!. 'Appeal by Spe~W Leav'e' fr;;n the J~df;merit iirid Order datef u;e · .h.
16th September, 1976 ·of the Madhya Pradesh High Court in Misc.
Petition No. 1004 of 1974.
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M. N. Phadke, S. Q. Hasan and A. C. Ratnaparkhi for the appe-
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llant. . .
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Ram Panjwani, H. S. Parihar and I. N. Shroff for Respondent.
No. 1.
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Niren De, Attorney General, Rameshwar Nath and Y. B. De•ai,
for Respondent No. 6. .
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The Judgment of the Court was delivered by
RAY, C. J .-This appeal is by special leave from the judgment
dated 16 September, 1976 of the High Court of Madhya Pradesll.
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~INDHI SAHITI v. M~HY~ PRADll~H (Ray, C.J.)
87
The ~P,P.ell~nt m;ide an application under Articles 226 axid 227
-0f the Constitution in the High Court and impeached the order dated
21 September 1974 whereby the Government dismissed the appell-
ant's ctbjections against Scheme No. 9-M relating to Road Transport
N;:itionalisation.
The appellant also impeached the Scheme as pub-
lished in the Gazette on 11 October, 1974.
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The High Coqrt held tqat in view ~f the fact that Chapter IV-A
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of the Motqr Vehicles Act, 19~9 (heremafter referred to as the Act)
iS inCJqdect as Entry 125 in the Ninth ·s~h~grile to· t:qe Con~titution
the appellant could not challenge tl~e Scheme.
The High Court erred in holding that it was not open to
the
appellant to challenge the Scheme.
The Attorney General rightly
an4 fairly said that t~e judgment of the fflgh Court couW not be
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supported on that grouqd.
The High Court failed to appreciate that though Chapter IV-A
of the Act is not open to any constitutional challenge it is open to
any aggrieved person to challenge any Scheme on the ground that it
is JlOt ~ valid Scheme as required by the provisions of Chapter IV-A
of the Act.
Scheme No. 9-M relating principally
to
Jabalpur-Sagar
and
Damoh-Hatta routes was published by the State Transport Under-
tajdng in the State Gazette onExcerpt shown. Read the full judgment & AI analysis in Lexace.