MAHESHWARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the levy of toll at Haronar Bridge on the Barahiva Lakhisorai Road, Monghyr District has been challenged as unconstitutional The said bridge was constructed in 1962 by the Government of Bihar and thrown open for public use. But in November, 1966, an auction was held for the purpose of realising tolls from persons travelling in vehicles over the bridge for a period from 1st January, 1966, to 31st March, 1967, and the right to levy toll was settled with opposite parties 3 and 4. Mr. Ghosh for the petitioner urged that the levy of tolls in purported exercise of the power conferred by the Indian Tolls Act, 1851 (hereinafter referred to as "the Act") was wholly unconstitutional. He relied on Article 19 and Article 14 and also on Articles 301 and 303 of the Constitution.

(2.) The Indian Tolls Act, 1851, has been existing on the statute book for more than a century The preamble of the Act makes it clear that it is an Act for enabling Government to levy tolls on public roads and bridges. Section 2 is the most important section, and as its constitutional validity has been challenged I may quote it in full:

(3.) Mr. Ghosh's contentions are two-fold: