IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No.117 of 2017 Date of Decision : March 13, 2018 Court on its own motion ...Petitioner.

Versus Union of India & others ...Respondents.

Coram: f The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice.

The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reptorting?

For the Petitioner : Mr. B.C. Negi, Senior Advocate as uAmicus Curiae, with Mr. Deven Khanna and Mr. Pranay Pratap Singh, Advocates.

For the Respondents : Mr. Ashok Sharma, Advocate General, with Mr. Ranjan Sharma, Mr. Adarsh Sharma, Additional Advocates General, for the State.

Ms. Jyotsna Rewal Dua, Senior Advocate, with Ms Charu Bhatnagar, Advocate for National Highway Authority of India.

Mr. Rajesh Sharma, Assistant Solicitor General of India, for the Union of India.

Sanjay Karol, Acting Chief Justice Letter petitioner, Shri Vineet Chaudhary, resident of House No.2, Old Brockhurst, Chhota Shimla, Shimla, Himachal Praddesh, emphasized the need and the advantage of having electronically manned Toll-barriers, …2…

with Automatic Vehicle Identification System/FASTags, and prayed for issuance of directions to the following effect: “A. That this Hon’ble Court may issue nPecessary directions to the the Central government through the Ministry of Road Transport and Highways and the National Highways Authority to make paymenHt of toll and other fee/cess by way of FASTag mandatory for all vehicles and not only for vehicles manufactured after 1^st Ju ly 2017.

B. That it is furthoer prayed that this hon’ble Court may be pleased to issue directions to the Central Government in the Ministry of Road Transport and Highways to make it mandatory for all State Governments and other agencies ucollecting any kind of entry fee or cess by setting up collection barriers on national or other highways to collect such charges through the mechanism of FASTags.”

2. On 3.10.2017, we requested the learned Advocate General to explore the possibility of having Electronic Tag Barrier/Lane-Electronic toll Collection System installed at all the entry points of the State of Himachal Pradesh.

3. On 16.10.2017, we, inter alia, recorded as under:

“It is heartening to note that contractor Shri Anant Aggarwal has installed Electronic Tag Barriers/Lane Electronic Toll Collection Systems, at two places, i.e. at Tipra Bye-Pass, Parwanoo and Kalka-Parwanoo Main Barrier. Perhaps, it is for the first time that for collecting Toll Tax it has been so done in the State of Himachal Pradesh. Efforts put in by the contractor need to be appreciated. Perhaps this model needs to be replicated at all …3…

the entry points in the State of Himachal Pradesh.”

4. On our asking, learned Advocate Gene.ral convened a meeting of all the stakeholders, which did yield positive results, which we had recorded in our order dated

21.11.2017.

5. On 8.1.2018, we recorded as under:

“We have perused affidavit dated 7.12.2017 that of the Commissioner, Excise and Taxation, Shimla, H.P., wherein the following averments stand made:-

“3. That it is submitted that the deponent is going to convene a meeting with the Authorities of NHAI and the contractors very shortly with regard to the construction of 100 meters stretch on both sides of the road oand will file the status report immediately after the meeting is convened.”

Mr. J.K. Verma, learned Dy. Advocate General informs that post filing of the affidavit, proposal for clearance under the Forest (Conservation) Act, 1980 is pending consideration with the DFO, Nurpur, who in turn has to forward the same to the appropriate authority, being the g Chief Conservator of Forest. We direct the DFO, Nurpur to forthwith forward the proposal, in accordance with law, to the appropriate authority. We further direct the appropriate authority to consider and decide the same, in accordance with law, expeditiously and positively not later than one week. Further with the approval having been accorded, favourably, the Managing Director of the Forest Department/Corpor