JIYA LAL Vs. STATE OF U P

JUDGEMENT

(1.) The controversy in this writ petition covered a wide range during the course of the arguments at the bar. We feel that it would not be necessary for us to deal with all the submissions urged on behalf of the parties as this writ petition must succeed on a short point.

(2.) The petitioners, who are eleven in number, are holders of Stage Carriage Permits. Their vehicles ply on Muzaffarnagar Charthawal Garni Kalan route. On the said route, just before Chartha-wal, the road crosses the river Hindan. In the year 1965, the State of U. P. constructed a bridge of sufficient strength to allow heavy vehicles to pass over it. A total sum of Rs. 6,70,000/was spent by the State Government on the construction of the bridge and its approach roads. There is no serious controversy between the parties in so far as these facts are concerned.

(3.) The Indian Legislature passed Indian Tolls Act, 1851 (hereinafter referred to as the Act of 1851). It is an Act enabling the Government to levy tolls on public roads and bridges. The said Act did not initially apply to the areas now forming part of the State of Uttar Pradesh. However, the Legislature passed another Act known as the Tolls Act (Act 15 of 1864). Section 3 of Act 15 of 1864 empowers the State Government of any area to which Act of 1851 did not apply to extend the provisions of the said Act in respect of such area. It is common ground between the parties that the Act 1851 has been extended by the State of Uttar Pradesh to the territories forming part of the State.