UNNIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER challenges the levy of toll from the users of motor vehicles in regard to the use of the Arkakadavu bridge on the Eroor-Edappally road in Ernakulam District. He seeks a declaration that Government has no right to collect toll. There is also an alternate prayer for declaration that any number of entries into the bridge within twenty four hours will be subject only to one toll.

(2.) PETITIONER has filed this original petition as a public spirited citizen, on behalf of himself and others. The bridge in question connects Vennala and Error. It was proposed to be opened on 4-1-1985 when this Original Petition was filed. Toll is proposed to be collected under the Kerala Tolls Act, 1976 (Act 6 of 1977) and the rules made thereunder. PETITIONER's complaint is that the toll is illegal, arbitrary, ultra vires and unconstitutional, that it is 'highly discriminatory' as toll is not collected in respect of bridges constructed by Government, and that the Kerala Tolls Act and the Rules are violative of Art. 19 (1) (d) of the Constitution. In any case, it is pointed out that when once toll is paid, it must enure for twentyfour hours.

(3.) THE power of the State Legislature to levy tolls is referable to Entry 59 of List. 2 to the Seventh Schedule to the Constitution. A toll is a tribute or custom paid for a privilege, generally for passage over, or for using a bridge, road, ferry or railway. THE justification for tolls was that the person charged enjoyed a privilege and the amount went towards the construction, improvement or upkeep of these things. Tolls were a common feature of medieval Europe and England. (Vide Hardwar Municipality v. Raghubir Singh (AIR 1966 SC 1502) Tolls and turnpikes are even now common in the United States though out of fashion and abandoned in Europe. Tolls is described in Encyclopaedia Americana as "the fee exacted by those who erect or maintain a bridge for the privilege of passing over the same, a compensation for services especially for transportation, as canal or railway toll".