G JAYAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN all these Writ Petitions, almost similar prayer having been made and as common question of law is involved, they were heard together and disposed of by this common order.

(2.) IN two Writ Petitions, namely W.P.Nos.3826 and 19802 of 1999, the petitioner-Citizen Vice Club, represented by its President, has prayed for a declaration that Section 8-A of the National Highways Act, 1956 (hereinafter referred to as 'the N.H. Act') read with Notification No.530, New Delhi, 21.8.1998, issued by the respondent-Union of INdia, i.e. Ministry of Surface Transport (Road Wings), authorising levy of collection of fees by the respondent-M/s.Larsen and Toubro Limited (for short, "L & T")-- (i) for use of "Aathu Paalam" Bridge across the River 'Noyyal' in Km.161/2 of N.H.47 in W.P.No.3826 of 1999 and (ii) for use of part of National Highways i.e. Coimbatore by-pass starting from Km.141.0 of N.H.47 at Salem Bridge and re-joining N.H.47 at Km.171/200 at Palghat side in W.P.No.19802 of 1999, as illegal, unconstitutional and violative of Article 14 of the Constitution of INdia and the principle of the INdian Contract Act and inconsistent with the statutory requirements of the N.H.Act. The very same Notification No.530, New Delhi, 21.8.1998 is challenged in W.P.No.5459 of 1999.

(3.) THE petitioners, while challenging the vires of Section 8-A of the N.H. Act, 1956 and the Notifications dated 21.8.1998, took the following pleas to assail the Notifications: