This order dismisses a PIL challenging toll plazas on National Highway No. 2. The court declined to interfere due to a lack of factual details in the petition regarding traffic load and regulatory contraventions, allowing the petitioner to approach administrative authorities instead.
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Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 47873 of 2011
Petitioner :- Shri B.P. Singh Dhakray Respondent :- National Highway Authority Of India And Others Counsel for Petitioner :- Ranjit Saxena,Shakti Singh Dhakray Counsel for Respondent :- C.S.C.,A.S.G.I.(2011/1559),Mithilesh C.Tripathi,R.K. Singh
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ filed in public interest is before us with the prayers as follows:-
" i) Issue a writ, order or direction in the nature of public interest for removing the Toll Plaza just 10 k.m. before Firozabad and between Tundla and Firozabad and between Agra and Firozabad where the Cars, Scooters, Geeps and other vehicles are passing every day of local persons more than one times.
ii) Issue a writ, order or direction in the nature of public interest directing the respondents not to charge any Toll Tax from the vehicles use by handicaps on which Road Tax is exempted and to repair the damaged road of National Highway No. 2 from New Delhi to Kolkata via Delhi, Mathura, Agra, Kanpur, Allahabad upto Kolkata.
iii) Issue a writ, order or direction in the nature of public interest directing the respondents to make it public the period of application of Toll Tax and also the amount to be recovered as Toll Tax for public information after the approval of the Comptroller and Auditor General of India, 10 - Bulandshah Zafar Marg, New Delhi, for jurisdiction.
iv) Issue a writ, order or direction in the nature of Public Interest directing the respondents to check up the antecedent of the staff posted at Toll barrier on the National Highway No. 2 with the police record and to provide security and also to provide one passage of electronic Toll Collection system in which the stickers are affixed on the wind screen of the Car/Geep etc. known as Wireless Toll Tax System.
v) Issue a writ, order or direction in the nature of Public Interest setting aside the National Highway rate of fees Rules, 1997 and arbitrary and unreasonable."
No details in the body of the writ petition is given about the traffic load available
on the road concerned and as to how the installation of toll plaza is in contravention of any provision applicable.
In absence of all these necessary details, we are not inclined to interfere in the matter while invoking our public interest litigation jurisdiction.
The writ petition, hence, is dismissed.
The petitioner who is said to be a practicing lawyer at New Delhi before Hon'ble Supreme Court is at liberty to agitate his cause before the Administrative Authorities concerned.
Order Date :- 22.2.2019 Shubham
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)
2 issues framed by the court
Whether the court should interfere in the matter to remove toll plazas given the absence of details on traffic load and contravention of provisions.
Whether the writ petitioners established sufficient details regarding toll tax exemptions and road damages to warrant judicial intervention.
Shri B.P. Singh Dhakray
National Highway Authority Of India
Govind Mathur
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
