MOHAMMAD IBRAHIM Vs. STATE OF U P

JUDGEMENT

(1.) THESE petitions have been filed by certain bus operators challenging the levy of toll on their vehicles crossing the Hindon Bridge Shri S.C. Khare, learned counsel for the petitioners and Shri Gopi Nath, learned Junior Standing Counsel, have both stated that it is unnecessary to consider the facts of each individual case since common questions of law arise in all the writ petitions and their decision rests upon the answers to be given to those questions. This order will govern all these writ petitions.

(2.) THE petitioners ply their stage carriages on the Muzaffaranagar--Budhana--Kandhla--Isoopur route. This route crosses two rivers, namely river Hindon at Budhana and river Krishna at Rajpur Chhajpur A new bridge was constructed over river Hindon by the State Government and it was opened to traffic from September 21, 1960. Toll is being levied on vehicles crossing this bridge by the State Government under certain notifications issued by it under the Indian Tolls Act, 1851 (Act No. 8 of 1851). THEre is another bridge over the Krishna river at Rajpur Chhajpur and toll is being levied on vehicles crossing this bridge by the Antarim Zilla Parishad. Muzzaffarnagar. In these writ petitions, the levy of toll on vehicles crossing the Hindon bridge alone is challenged.

(3.) THE petitioners ply stage carriages which have a carrying capacity of more than 12 passengers. Under this Schedule such stage carriages are liable to pay a toll of Rs. 7-8-0 in respect of a bridge of the first category, a toll of Rs. 5-10-0 in respect of a bridge of the second category and a toll of Rs. 3-12-0 in respect of bridges of the third category. By another notification published in the U. P. Gazette of July 20, 1957. this Schedule was further amended but the rates for motor buses carrying more than 12 passengers remained the same. On July 19, 1960, the State Government published a notification, which was published in the U. P. Gazette of July 30, 1960, and which reads as follows: "In exercise of the powers conferred by Section 2 of the Indian Tolls Act, 1851 (Act VIII of 1851) and in pursuance of the provisions of paragraph 2 of Government Notification No. 5495 (3)C/XXIII-PWA-217-C- 58, dated November 1, 1956, the Government of Uttar Pradesh is pleased to notify the bridge over the Hindon River at Budhana on Muzaffarnagar Budhana Road in Muzaffarnagar District as a bridge which shall be subject to the levy of tolls from the date it opens to traffic on the terms and conditions laid down in the aforesaid notification as amended from time to time. "