ANUJ AGRAWAL Vs. STATE OF M.P

JUDGEMENT

(1.) IN this public interest litigation, the grievance has been made that the persons who ply their vehicles between Maheshwar to Khalghat have to pay toll tax at two places within a distance of ten kilometers.

(2.) IN the reply which has been filed on behalf of the respondents 1 and 2 it has been stated that road from Badwah to Dhamnod is a State Highway which is 62 kilometres long and on this State Highway Maheshwar is situated and the toll plaza is situated in village Dahiwar which is 4 kilometres away from Dhamnod. It is also averred that Dhamnod is situated at intersection of the State Highway and National Highway. In National Highway No.3 which passes through Dhamnod from Indore to Khalghat there is one toll plaza situated and toll is recovered from this toll plaza for the use of National Highway. Whereas the toll plaza situated at village - Dahirwar recovers toll for the road which is being used from Badwah to Dhamnod which is a State Highway.

(3.) THUS , from perusal of the averments made in the return, it is evident that from both the toll plazas i.e. one situated on National Highway No.3 and another which is situated on State Highway, the toll is being collected for the use of their respective roads. It is also pertinent to mention here that Badwah - Dhamnod road is a State Highway which is under the Operate, Maintenance and Transfer Scheme which is being carried out by the respondent No.3. The toll is being recovered only from commercial vehicles and the same is not being recovered from passenger buses, vehicles or local vehicles. As far as toll plaza which is situated in National Highway is concerned, the toll is collected only from the vehicles which are passing through it. It is also pertinent to mention here that the petitioner has not chosen to implead concessionaire who has been authorized to collect the toll on the National Highway.