S.K. Dhaon, J. - (1.) THE bone of contention is the right to collect toll over the Sastri Bridge on the river Ganga, situate on the National Highway No. 2 within this State. Affidavits have been exchanged between the parties. The petition is ripe for hearing, though not formally admitted as yet. With the consent of the counsel for the parties it is being disposed of finally.
(2.) UNDER the National Highways Act, 1956 (hereinafter referred to as the Act), the highway at which Sastri Bridge falls, has been declared to be a National Highway. For the purposes of giving effect to the provisions of the Act (Section 9) the Central Government made Rules for the levy of fees for services rendered relating to the use of permanent bridges costing more than rupees twenty five lakhs each, completed and opened to traffic on or after 1st April, 1976 on National Highways. These Rules are called the National Highways (Fees for use of Permanent Bridges) Rules, 1978 (hereinafter referred to as the Rules). The scheme of the Act and Rules which is relevant for the present controversy, is this. It is the responsibility of the Central Government to develop and maintain in proper repair all National Highways, but the Central Government is empowered to direct that the said powers or any one of them be exercised by the Government of the State within which the National Highway is situated or by any officer or authority subordinate to the Central or the State Government (Section 5). The Central Government may, by notification in the Official Gazette, levy fees as may be laid down by Rules made in this behalf for services or benefits rendered in relation to the use, inter alia, permanent bridges, the cost of construction of each of which is more than rupees twenty five lakhs and which are opened to traffic on or after the first day of April, 1976 (Section 7). "Executive Agency" is, inter alia, defined to mean "State Government to which the functions are delegated under Section 5 (Rule 2). All fees levied under the Rules shall be collected by the Executive Agency concerned departmentally or through private contractors on the basis of the competitive binding on behalf of the Government of India (Rule 5). By a D.O. dated 30th July, 1982, issued by the Joint Secretary in the Government of Uttar Pradesh and addressed to all the Divisional Commissioners of the State it was communicated that in exercise of powers under Section 5 Agency" had authorised the Commissioners of the Divisions concerned to accept bids made in competitive open bidding for the purpose of realising toll over permanent bridges situated at the National Highway.
(3.) ON 12th September, 1989 a notice was issued by the Executive Engineer, National Highway No. 2, stating therein that a public auction to confer the right to collect toll over the Sastri Bridge will be held on 17th October, 1989. The last date for submitting the tender forms etc. along with the security of Rs. 5,00,000/ - was fixed as 7th October, 1989. It was also stated that the papers containing the conditions under which the tenders could be submitted should be obtained on or before 5th October, 1989, after making a deposit of a sum Rs. 100/ -.;