STATE OF WEST BENGAL Vs. M R MONDAL

JUDGEMENT

(1.) Special leave granted.

(2.) These appeals have been filed by the National Highways Authority of India, who was not a party to the proceedings in the High Court, but with the permission granted by this Court and the State of West Bengal against the judgment dated 20-11-2000 in FMAT No. 3607 of 1999, whereunder a Division Bench of the Calcutta High Court has not only stayed the action initiated by the Superintending Engineer to re-bid the right to collect the toll in question but also ordered the continuance of the Receiver in respect of the possession of the expressway and collection of toll charges, meeting the expenses and deposit with the State, etc., and a further direction to the State Government to take a decision in terms of Clause 15 of the Memorandum No. 15/1(3)/PR/N/DEW/IE-12/94(V), dt. 11-3-1998.

(3.) The disputes between the parties relate to the right of collection of toll charges from the vehicles using part of Durgapur Expressway between 22 km. to the end point Palsit- a stretch of 48 km. of road on National Highway No. 2, known as Durgapur Expressway. That the said stretch forms part of National Highway which vest with the Central Government and the Central Government, in exercise of its powers under Section 5 of the National Highways Act. 1956(hereinafter referred to as "The Highways Act"), issued a Notification to the extent that the functions in relation to the execution of works pertaining to this National Highways shall be exercisable also by the State Government of West Bengal, subject to the condition that the State Government concerned shall, in the exercise of such functions, be bound to comply with the rules for the time being in force made under the Act is indisputable. The Parliament has enacted The National Highways Authority of India Act. 1988 (hereinafter referred to as "The Highways Authority Act"), in order to get over the difficulties experienced from time to time in maintaining effectively the National Highways through the "Agency System" pursuant to a delegation Notification under Section 5 of the Highways Act in favour of the State Governments concerned. Among other things, the Central Government also framed rules called, The National Highways (Fees for the use of National Highway Section and Permanent Bridge-Public Funded Project) Rules, 1997 (hereinafter referred to as "The Fee Collection Rules"). These Rules provide for fixation of rates of fee by the Central Government, the display of rates for fees, procedure for collection-either depart-mentally or through Franchisee, the manner of its remittance from time to time, and submission of returns, etc.