HARIOM Vs. STATE OF M P

JUDGEMENT

(1.) This order shall also dispose of Writ Petition No.7181/2016 (Onkaar Yadav vs. State of M.P. and others). However, for the sake of facility, the facts are taken from Writ Petition No.7598/2016, filed as public interest litigation.

(2.) The challenge in the present writ petition is to the levy of toll on the light commercial vehicles using State Highway Section from Kilometer 89/10 to Kilometer 174/4 (approximate length of 84.60 Kilometers). Madhya Pradesh Road Development Corporation Ltd. (for short "the Corporation") invited proposals for shortlisting of the bidders to operate, maintain and transfer (OMT) of the abovesaid section of the State Highway. The bid of the respondent No.3 was accepted and a concession agreement dated 03.06.2016 was executed.

(3.) The challenge is to the toll fixed in terms of the Notification published on 06.08.2016 levying the following toll fee:-