REWA TRANSPORT SERVICE Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners who are operators of Motor Vehicles, by this petition under Article 226 of the Constitution, challenge the validity of the notification published in the Government Gazette dated 3rd November 1972 levying toll tax on the bridges costing rupees five lacs and above constructed under the Second, Third and Fourth Five Year Plans and under the various development plans as mentioned in the First Schedule and at the rates specified in the Second Schedule to the notification. This notification was issued by the State Government in exercise of its powers under section 2 of the Tolls Act, 1851.

(2.) THE only argument of the learned counsel for the petitioners is that as section 2 does not specify the maximum rate at which the toll can be levied by the State Government and as it leaves the fixation of rates solely at the discretion of the Government, it confers uncanalized power and is invalid on the ground of excessive delegation. Learned counsel for the petitioners relied upon the case of Corpn. of Calcutta v. Liberty Cinema, AIR 1965 SC 1107 in support of his submission.

(3.) THE petition fails and is dismissed, but without any order as to costs. The security amount be refunded to the petitioners.