Sri. S. Naveen Kumar v. State of Karnataka
Case brief
What is this about?
Writ petition challenging the collection of toll on a road project completed to 100% according to the Concession Agreement provisions. Court rejected the plea for prohibition until full completion and on exemptions for public transport.
What did the court decide?
The prayer for prohibition to prevent toll collection until 100% of the work is completed and for BMTC not to collect extra fare was dismissed.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY WRIT PETITION NO.7329/2019 (GM-RES-PIL)
BETWEEN
SRI S. NAVEEN KUMAR S/O N. SATHYANARAYANA AGED ABOUT 30 YEARS PRESIDENT SOCIAL REFORMER SAMITHI (R) NO.25, 1ST MAIN ROAD PAATALAMMA TEMPLE BEEDHI ALLALASANDRA, GKVK POST YELAHANKA, BENGALURU-560 065
…PETITIONER
(BY SRI PRINCE ISAC, ADVOCATE)
AND
1 . STATE OF KARNATAKA REP BY THE CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001
Issues for consideration
2 issues framed by the court
Whether toll can be collected on a section of road under a public-private participation project before 100% completion of the work.
Whether public service vehicles should be exempted from payment of toll in a project governed by a Concession Agreement.
Parties & counsel
- petitioner
Sri S. Naveen Kumar
- respondent
State of Karnataka
- respondent
Karnataka Road Development Corporation Limited
- respondent
The Executive Engineer Karnataka Road Development Corporation Limited
- respondent
The Authorized Signatory Yelahanka A P Border Toll Ways Pvt. Ltd.
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- WP/7329/2019
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