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2016 Supreme(Pat) 646

I.A.ANSARI, CHAKRADHARI SHARAN SINGH
Arvind Kumar Thakur, Son of Devendra Nath Thakur – Appellant
Versus
Union of India through secretary Ministry of Road Transport & Highways Government of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashhar Mustafa, Advocate.
For the Respondent:Mr. P.K. Verma, and Mr. Saroj Kumar Sharma, Mr. S.D. Sanjay, Addl. Solicitor General of India and Mr. Anshay Bahadur Mathur, Advocate.

JUDGMENT :

Chakradhari Sharan Singh, J.

This application, in the nature of Public Interest Litigation, under Article 226 of the Constitution of India, has been filed raising a grievance that the respondents are levying fee, at Runni Toll Plaza, on "Muzaffarpur-Sonbarsa Section of NH-77" (from Km. 2.800 to Km. 89.00), even without completing construction of the road of the said section of the National Highway.

2. The petitioner claims to be public spirited person and a member of Sitamarhi District Bar, who had functioned as the president of the said District Bar Association.

3. The writ application was, originally, filed seeking a direction from this Court restraining the respondents from collection of fee, at Runni Toll Plaza, situated at a distance of 26.09 Km. from Sitamhari at NH-77, as, according to the petitioner, decision to levy fee was unauthorized and premature without completing the construction work of the said "Section of NH-77" starting from Muzaffarpur to Sonbarsa.

4. By filing an application seeking amendment in the writ application vide I.A. No. 7688 of 2015, the petitioner has sought to challenge the public notice, dated 7.7.2015, published in a local daily newspaper "H















































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