UPADHYAY AND COMPANY Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1998-12-85
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on December 01,1998

UPADHYAYAND COMPANY Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Delay condoned.
(2.) Shashtri Bridge at Allahabad runs across River Ganga. Motor vehicles plying on National Highway No. 2 and passing through the said bridge have to pay toll charges. The bridge is named after Lal Bahadur Shashtri, former Prime Minister of India who is well remembered for his honesty and simplicity. River Ganga is adored in India with reverence in the belief that her holy water cleanses the believers of their sins. Ironically, that brridge built across that river was used by the petitioner as a means to amass wealth dishonestly. Unfortunately, such unwholesome conduct was facilitated on account of certain orders passed by the Allahabad High Court. Petitioner, who flourished in the aforesaid wealth having been insulated with the Court orders against any outside interference for a long time, could not continue preening in such opulence as he was caught in the meanwhile. He is now being asked to return the ill-gotten wealth. Strategy of subterfuge played by him even thereafter did not work for long and he is now facing stringent measures for recovery of the booty.
(3.) Initially petitioner was allowed to collect the toll at specified rates for a period of one year which expired on 23-3-1991. For a succeeding period of three years petitioner competed with other bidders in a public auction. When his bid was not accepted by the authorities he filed Writ Petition No. 32974 of 1991 before the Allahabad High Court and got an interim order by which he was permitted to continue to collect toll charges from vehicles passing over the bridge. By a notification issued by the Government of India on 19-2-1992 the rates of toll were raised. The idea then dawned on the petitioner to take advantage of the enhanced rates. He then filed another Writ Petition (WP No. 22439/92) praying for permitting him to collect toll at the revised rates. A single Judge (Mr. Justice A.P. Singh) before whom the said writ petition came up for admission passed an extraordinary order which reads thus: "Admit. Issue Notice. Learned standing counsel prays for and is granted one month's time to file counter affidavit, three weeks thereafter are allowed to the petitioner to file rejoinder affidavit. List thereafter. In the meantime the petitioner will be allowed by the respondents to charge toll fees on the rates notified by the Government notification dated 19-2-1992 Annexure 4 to the writ petition. The respondents are, however, restrained from enhancing the bid money of the theka till further orders of this Court." ;


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