IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7050 of 2006(S)
1. NAVEEN. M.V., S/O. VISWAMBHARAN,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY
... Respondent
2. THE STATE OF KERALA REPRESENTED
3. ROADS AND BRIDGES DEVELOPMENT
For Petitioner :SRI.JOBY JACOB PULICKEKUDY
For Respondent :SRI.KURIAN GEORGE KANNANTHANAM,SC,RBDCK
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :02/06/2010
O R D E R
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
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W.P.(C) No. 7050 OF 2006
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Dated this the 2nd day of June, 2010
J U D G M E N T
Ramachandran Nair, J.
This is a public interest litigation filed by a local citizen
challenging the continued collection of toll (users fee) for an over
bridge constructed by the Roads and Bridges Development
Corporation of Kerala (hereinafter referred to as the RBDCK) over
the national highway 49 at S.N.Junction at Tripunithura.
2. We have heard the learned counsel appearing for the
petitioner, the learned Advocate General appearing for the State
Government, the learned standing counsel appearing for the
RBDCK and the additional standing counsel appearing for the
Central Government Ministry of Road Transport and Highways and
the counsel appearing for the previous contractor. The above
bridge was constructed in the year 2004 by RBDCK and they
started collection of toll from 2005 onwards. In fact it is the admitted
position that the bridge is constructed by the RBDCK without any
clearance from the Central Government Ministry of Road Transport
and Highways. The portion of the national highway 49 over which
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this bridge is constructed happens to be part of the Seaport-Airport
road constructed and maintained by the RBDCK, which is under the
control of the Government of Kerala. Besides this bridge, there is
another railway over bridge constructed by the RBDCK at Irumpanam
in the Seaport-Airport road. The toll collection for both these bridges
and also for the Chithrapuzha bridge over the river which is in the
Seaport-Airport road and which is fairly an old one started in 2005
and the total toll collection as of now is something above Rs.12
crores. The cost of construction of the old Chitrapuzha bridge is not
on record. However, it is stated that the cost of construction of the
bridge at S.N.Junction is around 5.10 crores whereas the cost of
construction of the bridge at Irumpanan in the Seaport-Airport road is
around Rs.5.82 crores. The learned Advocate General contended
that on account of interest, the cost of the bridge constructed at
S.N.Junction has gone up to Rs.7 crores and above. The
communication between the State Government and the Central
Government is produced by the learned Advocate General before us
which clearly establish that the construction of the over bridge at
S.N.Junction was unnecessarily taken up by the RBDCK because it
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was the duty of the national highway authority to construct the over
bridge. It is the contention of the petitioner that substantial portion of
the cost of the over bridge is recovered by the RBDCK from Southern
Railways. The further allegation is that even Cochin Refineries was
made to share part of cost of construction. Even though the learned
Advocate General has denied receipt of funds from Railways and
Cochin Refineries, we do not think we should enquire into these
matters because the further toll collection for the bridge in NH 49
cannot be permitted for the simple reason that its cost is fully
recovered as the toll collection as of now is above Rs.12 crores for
the two bridges. Further no toll can be collected under the Kerala
Road Fund Act for the bridge on the national highway which itself
ought to have been constructed by the national highway authority
under whose norms, toll can be collected only for bridges costing
above Rs.5 crores. Apart from these, the collection of toll under
Section 7 of the National Highway Act authorises collection up to the
cost of the bridge or road, as the case may be. Irrespective of
whether the collection of tolls so far by the RBDCK is correct or not,
we do not think they are entitled to collect toll any more for the bridge
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in S.N.Junction, the cost of which is fully recovered.
Since the bridge is on the national highway, we allow the writ
petition by directing respondents not to proceed with auction of the
right to collect toll for the current year or for any subsequent years.
Respondents are accordingly prohibited from collecting toll for the
railway over bridge at S.N.Junction in Tripunithura. However
respondents are free to arrange for collection of toll for Seaport-
Airport road or on the bridge at Irumpanam in accordance with the
norms.
C.N.RAMACHANDRAN NAIR
(JUDGE )
P.S.GOPINATHAN
(JUDGE )
vps
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