ORDER P.P. Naolekar, J. 1. The petitioner No. 1 is an association representing all the Stage and Contract Carriage permit holders, whereas petitioners 2 and 3 are private limited companies registered under the Companies Act. The petitioners in this petition have challenged the notification of the State Government dated 3-10-1992 (Annexure-A/1) whereby the State Government has granted permission to ply three wheeler tempos on all the routes to the extent of 40 kilometers around Durg and Bhilai towns. 2. The contention of the petitioners is that this permission in fact modifies the Nationalised Scheme No. 15 and, therefore, could only be affected as per the provisions made under Section 102 of the Motor Vehicles Act (59 of 1988). On the other hand, it is the case of the State Government that three wheeler tempos are motor cabs and they do not fall within the ambit of Scheme No. 15 and, therefore, there was no necessity of taking proceedings under Section 102 of the Motor Vehicles Act, 1988 before the notification dated 3-10-1992 was issued by the State Government. 3. In exercise of the powers conferred under Sub-section (3) of Section 68-D of the Motor Vehicles Act, 1939, the State Government had published Scheme No. 15 which came into effect and which was published by the General Manager, M. P. State Road Transport Corporation (hereinafter referred to as the Corporation), Bairagarh, Bhopal vide notification dated 11-5-1964 as required by Section 68-C of the Motor Vehicles Act, 1939. Clause (2) of the Scheme provides the routes on which the State Road Transport Services shall be provided by the Corporation. Clause (4) provides that no person other than the Corporation is permitted to provide road transport services of stage carriage or contract carriage on the routes or portion of the routes as specified in Clause (2). Thus, it is the State Road Transport Corporation alone which is permitted to provide road transport services, either stage carriage or contract carriage, on the routes mentioned in Clause (2) of Scheme No. 15. However, there is an exception under the Scheme whereby the vehicles plying under the terms of reciprocal agreement with the neighbouring States covering portion of the routes mentioned in Clause (2) are permitted to ply their transport services apart from the Corporation. This exception is contained in Clause (3) of Scheme No. 15. However, there is an exception under the Scheme whereby the vehicles plying under the terms of reciprocal agreement with the neighbouring States covering portion of the routes mentioned in Clause (2) are permitted to ply their transport services apart from the Corporation. This exception is contained in Clause (3) of Scheme No. 15. Clause (5) of the Scheme further permits operation of vehicles on certain routes mentioned therein apart from the Corporation. Therefore, the overall effect of the Scheme is that except as provided under Clauses (3) and (5), the route or portion of the routes mentioned in Clause (2) of Scheme No. 15, providing transport services, either stage carriage or contract carriage, is within the exclusive domain of the Corporation. 4. Once a Scheme is published under Section 68-D of the Motor Vehicles Act, 1939, in relation to any area or route, or portion of the route, no person other than the State Transport Undertaking may operate on the notified area or notified route, except as provided under the Scheme itself and a necessary corollary no private operator is permitted to operate his vehicle on the notified area or notified route, unless he is authorised by the terms of the Scheme itself. Reliance is placed on Adarsh Travels Bus Service v. State of U. P., AIR 1986 SC 319 . 5. Section 2(7) of the Motor Vehicles Act, 1988 defines 'contract carriage' as under:-- ''Contract carriage'' means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum, (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stoppoing to pick up or set down passengers not included in the contract any where during the journey, and includes- (i) a taxi-cab; and (ii) a motor-cab notwithstanding that separate fares are charged for its passengers. Motor-cab is defined in Section 2(25) of the Motor Vehicles Act, 1988 which means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward. 6. A bare reading of the first part of the definition of 'contract carriage', it is a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract for use of such vehicle as a whole for carriage of passengers without picking up or setting down passengers or without stopping not included in the contract any where during the journey, indicates that a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract as a whole is a contract carriage. But by inclusion of Motor-cab notwithstanding that separate fares are charged, the motor-cab is also made a contract carriage. The word 'includes' is generally used to enlarge the meaning of words or phrases and when it is so used those words or phrases must be construed as comprehending, not only such things, as they signify according to their natural import, but also those things which the clause declares that they shall include. Thus, although the natural meaning of the words 'contract carriage' does not include a motor-cab where fares are charged for its passengers individually and are not vehicles engaged for carrying passengers for hire or reward under a contract for the whole vehicle, it is so made by inclusion in the definition of contract carriage, of a motor cab. 7. Modification generally means a change or alteration which introduces a new element under which it curtails, extends or cancels some of them, but leaves the general purpose and effect of the subject matter intact. Under Scheme No. 15 private operators are prohibited from operating their vehicles on the routes published in Clause (2) of the Scheme. But if they are permitted to operate their three wheelers, which are motor-cabs under Section 2(25) of the Motor Vehicles Act, 1988 and is covered under the definition 'contract carriage' as contained in Section 2(7) of the Act, there is a modification of the Scheme, inasmuch as, although they were prohibited from operating their motor-cabs under the Scheme. But by the impugned notification (Annexure-A) they are now permitted to operate on the nationalised routes. 8. But by the impugned notification (Annexure-A) they are now permitted to operate on the nationalised routes. 8. Section 102 of the Motor Vehicles Act, 1988 provides that the State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved Scheme after giving notice to the State Transport Undertaking and any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification. It is further provided that an opportunity shall be given in respect of the proposed modification to the person affected. Sub-section (2) of Section 102 requires that there shall be publication of modified proposal in the official gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the official gazette and the time and place at which any representation received in this behalf will be heard by the State Government. The provisions of Section 102 are mandatory in nature, as it provides hearing before the modification of the Scheme, which is binding on all concerned. 9. In the present case, we do not find any such steps being taken by the State Government before the notification was issued. The impugned notification (Annexure-A) is, in fact, a modification of Scheme No. 15 and, therefore, requires compliance of Section 102 of the Motor Vehicles Act, 1988, and in the absence of compliance of Section 102 of the Motor Vehicles Act, 1988, the notification issued by the State Government is invalid and contrary to the provisions of law and as such is hereby quashed. Accordingly the petition is allowed with costs. Counsel's fee Rs. 200/-, if certified.