In A major embarrassment for the Haryana government,the Punjab and Haryana High Court has set aside the transport scheme notified by the Haryana government on May 3,2011.
The Haryana government has been given one months time to re-notify the scheme. Permits,if any,granted under that scheme will stop operating after April 30. The state government in the meantime can notify a fresh draft scheme and grant temporary permit in accordance with provisions of the Act reads the order,passed on Tuesday,by a Full Bench.
Setting aside the transport scheme,the Full Bench ruled that the scheme dated May 3,2011 as published in the official gazette has lapsed.
A short question of law referred to the Full Bench was whether the transport scheme,as finally notified on May 3,2011 has been published within a period of one year from the date of its proposal in the official gazette as per the provisions of of the Motor Vehicles Act,1988.
Principal argument raised by counsel for the petitioners,over a dozen transport societies,was that the scheme has to be published in the official gazette within a period of one year from the date of publication of the proposal regarding the scheme in the official gazette failing which the proposal would be deemed to have lapsed. Counsel for the petitioner said that the scheme has lapsed and it could not have been published after March 10,2011.
Advocate General,Haryana Hawa Singh Hooda said that the draft scheme as published on March 11,2010 could not be regarded as publication within the meaning of Section 99 as it was incumbent upon the state to publish the draft scheme as per requirement in one of the vernacular newspaper also.
Holding that there was no substance in the argument raised by Hooda,the high court ruled that it cannot be accepted that the period of one year would commence from the date of corrigendum published in the official gazette on May 4,2010.
Release SAD (Amritsar) chief,orders HC
The Punjab and Haryana High Court on Wednesday ordered release of Amritsar Shiromani Akali Dal (SAD) President Simranjit Singh Mann. He and his supporters were arrested as a preventive measure by the Punjab Police on March 28 near Kot Fatta village in Bathinda. Mann today moved the high court seeking bail. Mann submitted that he and his supporters were taken into illegal detention twice by the Punjab Police and have not been released till now.