ONKAR SINGH & OTHERS versus REGIONAL TRANSPORT AUTHORITY, AGRA & OTHERS

ONKAR SINGH & OTHERS versus REGIONAL TRANSPORT AUTHORITY, AGRA & OTHERS

The draft scheme published in the year 1960 under section 68-C of the Motor Vehicles Act must be quashed for inordinate delay of nearly 25 years in approval, resulting in prejudice to public interest. Hearing Authority under section 68-D is directed not to proceed further. Temporary permits for stage carriage operation will remain valid till 15.10.1986. Until a fresh draft scheme is published, any person may apply for stage carriage permits under Chapter IV.

Parties
Appellants: Onkar Singh & Others; Respondents: Regional Transport Authority, Agra & Others
Jurisdiction
India
Judgment Date
23 April 1986
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment Dated 13th January 1986 in C.m.w.p. 1613 of 1985
Outcome
Appeal allowed
Legal Topics
Delay in Scheme Approval, Temporary Permits, Permits for Stage Carriages, Scheme Quashing Due to Delay
Administrative Law Motor Vehicles Law Transport Law Delay in Scheme Approval Temporary Permits Permits for Stage Carriages Scheme Quashing Due to Delay

Case Brief

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Parties

Onkar Singh & Others

Appellants

Regional Transport Authority, Agra & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment Dated 13th January 1986 in C.m.w.p. 1613 of 1985

Legal Issues

  1. 1 Whether inordinate delay in approving draft scheme under Motor Vehicles Act prejudices public interest and warrants court interference
  2. 2 Whether temporary permits remain in force until draft scheme is approved under s.68-D of the Motor Vehicles Act

Ratio Decidendi

The draft scheme published in the year 1960 under section 68-C of the Motor Vehicles Act must be quashed for inordinate delay of nearly 25 years in approval, resulting in prejudice to public interest. Hearing Authority under section 68-D is directed not to proceed further. Temporary permits for stage carriage operation will remain valid till 15.10.1986. Until a fresh draft scheme is published, any person may apply for stage carriage permits under Chapter IV.

Court Disposition

Appeal allowed

Orders

  • Draft scheme published in 1960 under s.68-C quashed; hearing authority not to proceed under s.68-D.
  • Uttar Pradesh State Road Transport Corporation may publish a fresh scheme under s.68-C.