JAGDISH PRASAD MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition, styled as Public Interest Litigation, has been filed by the petitioner seeking to challenge construction and operation of Toll Plaza named Chomu Chandwaji Tollways constructed by concessionaire, respondent no.6 arrayed along with his operators, respondent nos.7 & 8 at Kushalpura at Chomu Chandwaji SH-08 B.

(2.) The petitioner, who claims to be a public spirited person has filed this petition on the allegation as contained in the pleadings in the writ petition that respondent nos.1 to 5 entered into agreement with concessionaire i.e. respondent nos.6 to 8 for construction of Toll Plaza at Chomu Chandwaji State Highway No.8 in violation of statutory provisions contained in Rajasthan State Highways Act, 2014 (hereinafter referred to as "the Act of 2014") and Rules framed thereunder known as Rajasthan State Highways Fee (Determination of Rates and Collections) Rules, 2015 (hereinafter referred to as "the Rules of 2015"). According to the petitioner, the location where Toll Plaza has been constructed, made operational, is surrounded by densely populated area of several villages and dhanis and the authorities ought not to have been allowed construction of Toll Plaza at the location in dispute. Further pleadings of the petitioner is that the location where Toll Plaza has been constructed, there are five adjoining local town area and Panchayats within a distance of 5 kms and no permission was obtained from Tehsildar and Sub-Divisional Officer. It is further stated that the disputed Toll Plaza is situated in District Chomu which is already surrounded by four other Toll Plazas namely Tatiyawas Toll Plaza on Jaipur Chomu National Highways 52, Maharkala Toll Plaza on Chomu Ajitgarh State Highway, Mehroli Toll Plaza on Sikar Chomu State Highway Near Mehroli and another under constructed Toll Plaza on Chomu Renwal Road.

(3.) Further case of the petitioner is that looking to the density of population in nearby adjoining villages and dhanis, the restrictions by way of keeping minimum distance from municipal area/local area as contained in the Act of 2014 have to be construed widely and liberally to include within a municipal/local area not only the limits of the municipality but also limits of various surrounding and adjoining villages and dhanis. Referring to the provisions contained in Rule 8 of the Rules of 2015, it has been contended that the Rules prohibiting establishment of Toll Plaza within a distance of 5 kms or the limits of a municipal or local town area, on liberal and wide meaning, would include not only the limits of municipal or local area in district but also Panchayat area and dhanis, though, technically it may be situated outside municipal or local town area.