SARASWATI DEVI & ORS. versus STATE OF U.P. & ORS.

SARASWATI DEVI & ORS. versus STATE OF U.P. & ORS.

Objections involving comparison of pre-existing services with those proposed in a scheme are admissible under section 68D, as they relate to the ingredients of section 68C. Personal objections must be shown to affect the purposes in section 68C, otherwise they are irrelevant. The State Government's rejection of applications to summon witnesses and produce documents was not illegal, as such power was not statutorily conferred and no rights of appellants were infringed.

Parties
Appellants: Saraswati Devi & Ors.; Respondent No. 1: State of U.P.; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
04 November 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Decision
Outcome
appeal dismissed
Legal Topics
Nationalisation of Road Transport Services, Scope of Objections Under Motor Vehicles Act Sections 68 C and 68 D
Administrative Law Transport Law Nationalisation of Road Transport Services Scope of Objections Under Motor Vehicles Act Sections 68 C and 68 D

Case Brief

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Parties

Saraswati Devi & Ors.

Appellants

State of U.P.

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Decision

Legal Issues

  1. 1 Are objections involving comparison of pre-existing road transport services with those prepared in a scheme admissible under section 68D of the Motor Vehicles Act?
  2. 2 Did the State Government act illegally in rejecting applications to summon witnesses and produce documents in hearing objections?

Ratio Decidendi

Objections involving comparison of pre-existing services with those proposed in a scheme are admissible under section 68D, as they relate to the ingredients of section 68C. Personal objections must be shown to affect the purposes in section 68C, otherwise they are irrelevant. The State Government's rejection of applications to summon witnesses and produce documents was not illegal, as such power was not statutorily conferred and no rights of appellants were infringed.

Court Disposition

appeal dismissed