BUNGALOW PLOT OWNERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners in this petition are challenging the continuation of recovery of the toll charges, which are collected at, what is generally known as Thana Creek bridge, originally levied by the State Government by its Notification D/ - 13 -1 -1972 and the rates enhanced by the Government Notification D/ - 26 -4 -1982 in exercise of the powers under the proviso to sub -section (1) of Section 20, Bombay Motor Vehicles Tax Act, 1958 (hereinafter referred to as 'the Act').

(2.) THIS petition is filed by four petitioners, out of whom petitioner 1 is a society registered under the Societies Registration Act, 1860, and is an Association of individual plot -owners, who had purchased plots and built residential houses at Vashi in New Bombay and these owners have to regularly commute between Vashi New Bombay and Bombay City. Petitioner 2 is a resident of the township developed in New Bombay and has to come to Bombay City at his place of employment at Express Towers, Nariman Point, Bombay. Petitioner 3, is a resident at Worli and has to attend the factory which is located in Trans Thana Creek Industrial Area on Thana Belapur Road, and petitioner 4 is a Company, whose Head Office is in Bombay but its factory is on Thana Belapur Road and various officers and employees of the Company have to travel between the factory and Bombay City quite often.

(3.) BY a Notification dated 13th January, 1972, issued in exercise of the powers under the proviso to sub -section (1) of Section 20 of the Act of the Government of Maharashtra levied a toll at the rates specified in Column 2 of the Schedule to the said Notification on motor vehicles of the classes specified in column 1 and on trailers drawn by such vehicles on the Thana Creek bridge in Greater Bombay for a period of fifteen years with the effect from the date on which the said bridge was made open for traffic. We are not very much concerned with the rates at which the toll was recovered, and it will suffice to mention that the rate of toll was 50 p. for scooters and motor -cycles: Respondent. 1/ - for light motor vehicles and Rs. 4/ - for all other motor vehicles as defined in the Act except light motor vehicle, scooters and motor -cycles.