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Allahbad High Court
G.C.MATHUR
Mohammad Ibrahim - Appellant
Versus
State of U. P. - Respondent
Decided On : 09/21/1965
CONSTITUTIONAL LAW - DELEGATION OF LEGISLATIVE POWER - TOLLS - LEVY ON BRIDGES - VALIDITY OF SECTION 2 OF THE INDIAN TOLLS ACT, 1851 - CLASSIFICATION OF BRIDGES ACCORDING TO THEIR COSTS - VALIDITY - EXEMPTION FROM PAYMENT OF TOLL ON RETURN JOURNEY - INTERPRETATION OF NOTIFICATIONS - RATE OF TOLL LEVIABLE ON HINDON BRIDGE.
Fact of the Case:
The petitioners, bus operators, challenged the levy of toll on their vehicles crossing the Hindon Bridge, alleging that section 2 of the Indian Tolls Act, 1851, was unconstitutional and that the notifications issued by the State Government under the Act were invalid.
Finding of the Court:
The court held that section 2 of the Indian Tolls Act, 1851, was not unconstitutional and that the notifications issued by the State Government under the Act were valid. The court further held that no toll was payable under the notifications from stage carriages on their return journey if the re-crossing of the bridge was completed by the midnight of the following day. However, the court found that the State Government was entitled to recover toll from the petitioners for the use of the Hindon Bridge at the rate of Rs. 3.75 P. and not at the rate of Rs. 5.62 P.
Issues: 1. Whether section 2 of the Indian Tolls Act, 1851, was unconstitutional. 2. Whether the notifications issued by the State Government under the Act were invalid. 3. Whether toll was payable under the notifications from stage carriages on their return journey if the re-crossing of the bridge was completed by the midnight of the following day. 4. What was the rate of toll leviable on the Hindon Bridge?
Ratio Decidendi: 1. Section 2 of the Indian Tolls Act, 1851, did not suffer from the vice of excessive delegation of legislative power and was not unconstitutional on that ground. 2. The notification issued by the State Government under section 2 of the Act was not invalid by reason of the fact that it had been issued generally in respect of all the bridges in Uttar Pradesh. 3. No toll was payable under the notifications from stage carriages on their return journey if the re-crossing of the bridge was completed by the midnight of the following day. 4. The State Government was entitled to recover toll from the petitioners for the use of the Hindon Bridge at the rate of Rs. 3.75 P. and not at the rate of Rs. 5.62 P.
Final Decision: The writ petitions were partly allowed. Respondents Nos. 1 and 2 were directed not to recover toll at a rate higher than Rs. 3.75 P. from the petitioners in respect of their stage carriages having a carrying capacity of more than 12 passengers for using the Hindon Bridge. They were further directed not to charge any toll in respect of stage carriage or a motor bus on its return journey if the return journey was completed by midnight of the following day and the toll receipt for the outward journey was produced. The respondents Nos. 1 and 2 were also directed to refund the amount of excess toll collected by them from the petitioners upon their applying for the same.
2. The petitioners ply their stage carriages on the Muzaffaranagar - Budhana - Kandhla - Isoopur route. This route crosses two rivers, namely, river Hindon at Budhana and river Krishna at Rajpur Chhajpur. A new bridge was constructed over river Hindon by the State Government and it was opened to traffic from September 21, 1960. Toll is being levied on vehicles crossing this bridge by the State Government under certain notifications issued by it under the Indian Tolls Act, 1851 (Act No. 8 of 1851). There is another bridge over the Krishna river at Rajpur Chhajpur and toll is being levied on vehicles crossing this bridge by the Antarim Zilla Parishad, Muzzaffar-nagar. In these writ petitions, the levy of toll on vehicles crossing the Hindon bridge alone is challenged.
3. The Indian Tolls Act, 1851, is an Act for enabling the Government to levy tolls on public roads and bridges. It appears that, under section 3 of the Indian Tolls Act, 1864, empowering it to do so the State Government, by a notification dated October, 30, 1956, extended the provisions of the Indian Tolls Act, 1851, to the whole of Uttar Pradesh. The relevant portion of section 2 of the Indian Tolls Act, 1851, is as follows :
"2. The State Government may cause such rates of toll, as it thinks fit, to be levied upon any road or bridge which has been, or shall hereafter be, made or repaired at the expense of the Central or any State Government - -- - - -- - - - - - - - -"
On November 1, 1956, the State Government issued a notification under section 2 of the Indian Tolls Act, 1851. This notification was published in the U. P. Gazette of November 10, 1956, and reads as follows :
" No. 5495 (3) C/XXIII-PWA-217-C-53 - In exercise of the powers conferred by section 2 of the Indian Tolls Act, 1851 (Act VIII of 1851), the provisions whereof have been extended to whole of Uttar Pradesh by notification No. 5495 C/XXIII-PWA-217-C-53, dated October 30, 1956, the Governor is pleased to order that with effect from the date of issue of this notification tolls at the rates specified in the Schedule annexed hereto shall be payable by all persons using the permanent bridges as may hereafter be notified under para. 2 herein living on roads under the control and management of the State Public Works Department subject to the following conditions :
(i) all permanent bridges constructed and opened to traffic on or before July 21, 1956, shall be exempt from the levy of tolls;
(ii) all permanent bridges the span whereof is 200 feet or less, or the cost whereof does not exceed Rs 2.50 lakhs shall also be exempt from the levy of tolls;
(iii) the tolls on any particular bridge shall be levied for so long only as the total costs of its construction has not been realised in full or for a period of twenty years from the date of the first levy of tolls on the bridge whichever is earlier;
(iv) where a number of new bridges fall within the distance of 30 miles of each other on the same road toll shall be levied on only one of them Persons, vehicles and beasts of burden returning by the midnight of the following day shall not be charged any toll on their return journey if a toll has been realised on outward journey.
" 2. The bridges which shall be subject to levy of tolls shall be notified from time to time."
The Schedule divides the bridges into two categories;
(i) those costing more than Rupees five lacs; and
(ii) those costing Rupees five lacs or less.
Different rates are prescribed for various types
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