Case Note & Summary
The case involved a petition filed under Article 32 of the Constitution by the petitioner seeking a stage carriage permit from the Regional Transport Authority, Ujjain, for a route between Bhadavmata and Mandsaur. The petitioner applied for the permit in 1968, but his application was kept pending due to a draft scheme published in 1965 under section 68-C of the Motor Vehicles Act, 1939, which had not yet been approved as required by section 68-D. After 20 years of delay, the petitioner sought to quash the draft scheme and prevent any further actions based on it, arguing that the delay violated his fundamental rights under Article 19(1)(g). The court, upon reviewing the circumstances, noted that the draft scheme had not received the necessary approvals and that the delay was unreasonable, thus quashing the draft scheme and all related proceedings. The court also stated that the State Transport Undertaking could initiate a new scheme if necessary, and the petitioner could file a fresh application for a permit. The petition was allowed without costs.
Headnote
A) Constitutional Law - Fundamental Rights - Delay in Publication of Approved Scheme - Violation of Article 19(1)(g) - Constitution of India, 1950, Article 19(1)(g) - The petitioner contended that the inordinate delay in publishing the approved scheme under section 68-D of the Motor Vehicles Act, 1939 violated his fundamental rights. The court held that unreasonable delay in publication warranted quashing of the scheme and directed that no further proceedings be taken under it (Paras 685-686).
Issue of Consideration
Whether the delay in publication of the approved scheme under section 68-D of the Motor Vehicles Act, 1939 violates fundamental rights.
Final Decision
The court quashed the draft scheme No. 72 of 1965 and all proceedings related to it, directing that no further actions be taken under it. The State Transport Undertaking was permitted to publish a new scheme if necessary, and the petitioner could file a fresh application for a permit.
Law Points
- Fundamental rights
- Delay in publication
- Stage carriage permit
- Motor Vehicles Act
- 1939
- Article 32
- Article 19(1)(g)
