AIR 1977 ALLAHABAD 83

Allahabad High Court

Hon'ble Judge(s): Yashoda Nandan, K. C. Agrawal , JJ

(A) Motor Vehicles Act (4 of 1939) , S.135— Notification D/- 12-2-1951 issued under S.13(1)(b) of U. P. Act 2 of 1951 notifying Meerut-Delhi route as a nationalised route - That Act declared invalid by Supreme Court - @page-All84Effect - Whether notification was validated by U. P. Act 9 of 1955. Uttar Pradesh Road Transport Services (Development) Act (9 of 1955) , S.19, S.20— A law enacted by a Legislature without having legislative competence would be void ab initio and the same could not be revived or revitalised even if the legislative competence was conferred on that legislature subsequently. In Sagir Ahmad's case (AIR 1954 SC 728) the Supreme Court did not record any finding that the U. P. Road Transport Act (2 of 1951) was beyond the legislative competence of State Legislature though the said Act was held to be invalid as being violative of Art.19(1)(g) and for not making any provision for payment of compensation as required by Art.31(2) of the Constitution. Entry 35 of the concurrent List of the Seventh Schedule to the Constitution confers powers on a State Legislature to make a law of machanically propelled vehicles. Admittedly Motor Vehicles Act is covered by it. Chapter IV-A of the Motor Vehicles Act could completely be enacted by the Parliament under Entry 21 read with Entry 35 of the concurrent list. The right of the....