TRUCK OWENERS ASSOCIATION Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner Truck Owners Association and one Sardool Singh, a truck owner has filed this petition challenging the constitutional validity of Rule 11 of National Highways (Fee for the Use of National Highway Section and Permanent Bridge Public Funded Project) Rules, 1997.

(2.) The submission of learned counsel for the petitioners is that once the cost of construction and cost of maintenance are recovered by the authority which has constructed the bridge then the toll cannot be collected in perpetuity because such an action would be illegal, contrary to the provisions of law and contrary to the fair play and would also demolish the principles of a welfare State. The submission in fact is that once the State Government or the Central Government constructs a bridge then it would be entitled to recover cost of the same so that the burden is distributed upon the bridge users but once the cost is recovered then the respondents or the authorities constructing the bridge would not be entitled to recovery money any further.

(3.) Referring to Notification dated 29-6-1998 (Annexure P/1), it is submitted that the State Government had clearly provided that no such bridges on which collection of toll has been authorized to the Contractors by public auction, the collection of toll shall be suspended only after expiry of the period of contract executed with the Contractors. It is submitted that the State Government's Notification dated 29-6-.1998 (Annexure P/1) was subjected to a challenge before the High Court so also before the Supreme Court; a Full Bench of the High Court overruling the earlier Division Bench judgment in the matter of Mandsaur Transport Association v. State of M. P. and another reported in 1988 MPLJ 773 : AIR 1988 MP 159 held that the Notification would still be bad and cannot be continued if cost of the bridge has already been recovered.