Chattisgarh High Court
Rajendra Singh Arora & Ors vs Union Of India & Ors on 19 September, 2016
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Writ Petition (PIL) No.3564 of 2006
Rajender Singh Arora and others Versus Union of India and others
19/09/2016 Mr.Ashish Shrivastava, counsel for the petitioners.
Mr.N.K.Vyas, Assistant Solicitor General for respondent No.1.
Mr.A.S.Kachhawaha, Additional Advocate General for respondents No.2 and 3/State.
None present for respondent No.4.
The grievance of the petitioner is that toll plaza has been set up virtually in the center of Bhilai town and result is that local residents even when they move from one part to another part of Municipal area are asked to pay toll tax.
It is stated by Mr.N.K.Vyas that this may not be totally correct because exemption has been given to local residents from payment of such tax.
There is no material before us as to how the local residents are identified. The respondents shall inform us accordingly. The respondents will also inform us why it is necessary to set up a toll plaza in the midst of busy and heavily populated town. Even otherwise, prima-facie, we are of the view that it would not be proper to set up a toll plaza to such a place as it will not be conducive to smooth flow of traffic.
Toll plazas are normally situated outside of towns and cities because when toll plazas are set up in the midst of the city, this leads to traffic jams etc. We find support in what we are saying from item No.11 of the agenda of minutes of the meeting of the Steering Group Members held on 21.9.2007, which reads as follows:-
"11 Location of 2nd Toll Plaza The CE (NH) stated that the location of 2 nd toll plaza was to be decided by state CE (as per the minutes of pre-bid meeting dated 23.11.2001) but the 2nd toll plaza has been constructed in Km. 307/6 instead of 299/6. In this connection the then state Chief Engineer has denied that he has given any approval for 2 nd toll plaza in Kosa Nalla. In this connection H'ble PWD Minister of Chhattisgarh & PWD Secretary Shri M.K.Raut requested the Concessionaire, the Chief Engineer (P-5) Shri R.S.Ninan and the CF (NH) Chhattisgarh to review the location of 2 nd toll plaza at Kosa Nalla and inform to the state authorities within 15 days positively. The matter was discussed but CE (P-5) Shri R.S. Ninan suggested that the matter can be discussed separately at New Delhi for which date of meeting will be informed to all concerned officials in due course of time."
From these minutes, it is apparent that even the State Government was not satisfied with toll plaza being set up and according to the State Government, toll plaza was to be set up in 299/6 km. and not in 307/6 km.
We therefore direct the Chief Engineer, National Highways to file his personal affidavit informing this Court whether any meeting was held in pursuance to the meeting recorded and quoted hereinabove and what was the decision taken thereof. If no such meeting has taken place, then he will clearly inform us, so that we may pass necessary orders.
We also direct the Chairman of the Meeting i.e. Chief Engineer, Ministry of Surface, Road Transport to file his affidavit in this regard.
Both the officers shall also inform us whether keeping in view the smooth movement of traffic, it is time to re-locate the toll plaza.
List the matter on 7 th November, 2016.
Sd/- Sd/-
(Deepak Gupta) (Sanjay K.Agrawal)
Chief Justice Judge
Bablu