GURPREET SINGH Vs. STATE OF H P

JUDGEMENT

(1.) PETITIONER was granted lease for collection of Toll Tax at Parwanoo Barrier, for the year 2009-2010.Total lease amount was RS.11.25 crore. PETITIONER was required to pay the money in monthly instalments of RS.1,07,63,000/-, each. He did not deposit the monthly instalments, in full, from April to September. Shortfall for the entire period was to the tune of RS.1,64,28,000/-.

(2.) PETITIONER submitted representation Annexure P-11, which is dated 16th November, 2009, for waiving off the shortfall and reducing the amount of lease money, because of less number of heavy vehicles, like trucks etc., entering the State of Himachal Pradesh, on account of extraordinary shortfall in fruit production, particularly apple. He made representation, in terms of Announcements made, Whether reporters of the local papers may be allowed to see the judgment? at the time of auction-cum-tender, for the lease of Toll Barriers. One of the conditions reads as follows: 2.10.1. In the event of any loss sustained by the toll lessee on account of law and order situation, natural calamity or by acts of God and force, the Asstt. Excise & Taxation Commissioner or the Excise & Taxation Officer I/C of the district either suo-moto or on an application made to him, with the prior approval of the Excise & Taxation Commissioner may refund any amount of lease money paid by such lessee. It was in accordance with this condition that the aforesaid representation was made.That representation has been rejected vide communication dated 18th February, 2010, copy Annexure P-15, on the ground that no provision, in the Himachal Pradesh Tolls Act, 1975, exists for grant of concession of this kind.

(3.) I have heard learned counsel for the parties and gone through the record.