Alok Singh, J. - (1.) IN nutshell, National Highways Authority of INdia has awarded contract to M/s Soma Isolux N.H.-1 Tollway Pvt. Ltd. (hereinafter referred as Concessionaire) for the project of six laning of Panipat-Jalandhar Section of NH-1 from Km 96.00 to Km 387.100 in the State of Haryana-Punjab on 09.05.2008. As per contract Concessionaire is responsible for surveys, design, validation, financing, procurement, construction, commissioning, operation and maintenance of the Project assets at its own risk including toll collection construction and concession for a period of 15 years. Earlier Toll Plaza was installed and working at present location commonly known as Shambhu Barrier.As per approved project Fly over has to be constructed at the present location within stipulated time, therefore, Respondents have decided to shift toll plaza at the proposed site 1.5 km from the Municipal limit of Ambala. Feeling aggrieved, petitioners have invoked writ jurisdiction of this Court under Article 226 of the Constitution of INdia. Question involves in the present petition is :- As to whether Concessionaire can shift and install toll plaza within 1.5 km from the Municipal Limits of Ambala City from the present location popularly known as Shambhu Barrier?
(2.) MR. Bhag Singh, learned counsel for the petitioners has vehemently argued that initially the toll plaza was erected at Shambhu barrier and now it is being shifted towards Ambala City so as to extract money from every person who is using hardly 1 to 5 km National Highway No.1 commonly known as G.T. Road. He has further argued that the proposed toll plaza is being installed within 1.5 kms from the municipal limits of Ambala City in violation of Rule 8 of the National Highways Fees (Determination of Rates and Collection) Rules, 2008 (hereinafter referred as 'Rules 2008'). He has further argued that the earlier respondents also tried to shift Shambhu toll barrier at Shahabad, but due to the protest from the public, the Authorities removed the cabins from Shahabad area as the said collection centre was within 10 kms of municipal limits of Shahabad and now they are shifting said Shambhu toll plaza within 1.5 kms from the municipal limits of Ambala City just to cover every vehicle going towards Banur side by using only 1 km of G.T. Road and also to cover up the vehicles coming from the side of Banur towards Ambala City, with malafide intention. As per learned counsel Respondents can shift Toll Plaza within the territory of Punjab in District Patiala.
(3.) ON the other hand, Mr. J. K. Sibal, learned Senior Advocate for the respondent Nos. 2 to 6 has vehemently argued that the present toll plaza at KM 213 is one of the three toll plazas incorporated in the agreement dated 09.05.2008 and the said agreement was executed between the Concessionaire and the Government for a period of 15 years and as per the agreement every person whosoever crosses the toll plaza has to pay toll tax. He has further argued that as far as the persons who are residing within 20/10 kms of the toll plaza, their vehicles are entitled to concessional rates on the basis of monthly pass of `300/- or `150/- per month respectively and not at `80/- per trip. He has further argued that toll plaza at KM 213 is required to be shifted urgently because fly-over is to be constructed at the present location as per the approved project. He has further argued that the 2008 Rules do not apply to the present project agreement, as the agreement was entered into between the Concessionaire and the N.H.A.I before publication of the 2008 Rules.;