Affected Persons Were Not Heard: Kerala HC Quashes Notification Restricting Operation Of Private Stage Carriages Upto A Distance Of 140 Km

Quashing a notification of the State government which restricted the length of routes of private stage carriage operators to a maximum distance of up to 140 kilometres, the Kerala High Court said that the final notification was issued without hearing and duly considering the objections of the affected parties as required under the relevant rules. In this case, proposed modified scheme was published in 2020 and final notification was issued in 2023 without giving reasons for rejecting the objections given by the affected persons. The proposed notification in Form 'E' was defective, and therefore, the final notification cannot be said to be in accordance with law.” Following discussions and notifications issued since 2007, the State Government published proposed scheme on November 14, 2020 and thereafter issued a final notification on April 03, 2023 / May 05, 2023 stipulating that private stage carriage operators would not operate the route longer than 140 kms. A Linga Reddy held that the State Government acts as a quasi-judicial authority while considering the objections and in absence of the reasons for rejecting the objections, the final scheme is rendered illegal.” In the facts of the case, the high court held that the proposed scheme was published in 2020 and final notification was issued on April 03, 2023 / May 05, 2023, without giving reason for rejecting the objections of the affected persons. "From the impugned scheme, it is evident that there are no reasons even in brief coming forth for rejecting the objections filed by the petitioners to the proposed scheme dated 14.09.2020 except for the saying that the objections were considered, and objectors were heard as mentioned in the final impugned notification dated 03.04.2023 / 04.05.2023.The counter affidavit filed on behalf of the State Government does not disclose any material suggesting in what manner the objections were considered and rejected, and reasons thereof," it said.