STATE OF UTTAR PRADESH Vs. DEVI DAYAL SINGH

JUDGEMENT

(1.) These appeals relate to the extent of the State Government power to levy toll under Section 2 of the Indian Tolls Act, 1851. Section 2 of the Act reads as follows:

(2.) The bridge, in question, is the Gai Ghat bridge which was constructed by the State Government on the river Sarju, District Bahraich in 1968-69 at a total cost of Rs. 39,97,000/-. In 1970, the bridge was opened to the public. On 7th February 1985, the State Government leased out the right to collect toll tax in respect of the bridge to one Chhotai Yadav.

(3.) In 1988, a writ application was filed by a truck owner, Devi Dayal Singh, challenging the right of the State Government to recover by way of toll under Section 2 of the Toll Act, 1851 any amount apart from the actual cost of construction of the bridge, viz. Rs. 39,97,000/-.