- (1.) These two writ petitions arise out of a common grievance raised about the location of toll plaza on NH-25 at Km. 39 situate at Kanpur-Lucknow road. The facts of the writ petitions and the relief sought being not dissimilar, have been heard together and are being decided by a common judgement.
(2.) The facts in brief giving rise to the above cause are that a temporary toll plaza came to be installed under a notification issued by the Central Government on 18.3.2009 at Km. 38.5 for the realization of toll tax whereunder the executing authority i.e. the National Highway Authority of India (hereinafter referred to as the NHAI) continued to collect and realise toll tax. This notification of 18.3.2009 issued under Section 8-A of the National Highway Act, 1956 read with Rule 3 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 (hereinafter referred to as Rules of 2008), operated until a contract was entered into by National High Way Authority for the purpose of realisation of toll tax with a concessionaire i.e. M/s PNC Kanpur Toll Pvt. Ltd., who has not been impleaded as a respondent. However, an application for impleadment was filed by the concessionaire and we have allowed the concessionaire to be heard through Ms. Pushpila Bisht. learned counsel in terms of Chapter XXII Rule 5-A of the Allahabad High Court Rules, 1952.
(3.) Entering into a contract for collection of toll by NHAI with M/s PNC Kanpur Toll Pvt. Ltd. necessitated the issuance of a fresh notification within the scope of relevant provisions and the toll plaza operating temporarily on NH-25 at Km. 38.5 as a result of issuance of fresh notification on 3.7.2013 was to be located permanently on the same national highway i.e. NH-25. The statutory notification including the Central Government having undertaken the necessary exercise, locates the toll plaza accurately at Km. 39 nearing district Unnao. Although the notification issued in the year 2009 remained unchallenged and the notification dated 3.7.2013 having already been issued, yet the same does not appear to be a subject matter of challenge in Writ Petition No. 11275 (MB) of 2014, which was filed in the month of November, 2014. The said notification, later on, has come to be challenged in Writ Petition No. 10737 (MB) of 2015 filed in the month of November, 2015. This Court while entertaining the earlier writ petition had passed an order of status quo on 14.11.2014 and the same having resulted into an inconvenience and loss to the concessionaire and the NHAI, gave rise to an urgency for which reason the writ petitions on the application filed by NHAI were listed and heard by putting the learned counsel for all the parties to notice.;