The Rajasthan High Court has ruled that there is no statutory provision preventing establishment of Toll Plazas in close vicinity of villages and thus same cannot be faulted.
The Division Bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Vinod Kumar Bharwani while deciding a PIL observed that the establishment of Toll Plaza cannot be said to be in violation of law only on the ground of violation of the certain guidelines which are principle based.
Brief Facts of Case and Submissions
The petitioner had claimed that the construction of Toll Plazas in close vincity to villages and dhanis is in violation of statutory provisions contained in Rajasthan State Highways Act, 2014 and Rules framed thereunder known as Rajasthan State Highways Fee (Determination of Rates and Collections) Rules, 2015.
According to the petitioner, the location where Toll Plaza has been constructed, made operational, is surrounded by densely populated area of several villages and dhanis and the authorities ought not to have been allowed construction of Toll Plaza at the location in dispute.
He submitted that looking to the density of population in nearby adjoining villages and dhanis, the restrictions by way of keeping minimum distance from municipal area/local area as contained in the Act of 2014 have to be construed widely and liberally to include within a municipal/local area not only the limits of the municipality but also limits of various surrounding and adjoining villages and dhanis.
Referring to the provisions contained in Rule 8 of the Rules of 2015, it has been contended that the Rules prohibiting establishment of Toll Plaza within a distance of 5 kms or the limits of a municipal or local town area, on liberal and wide meaning, would include not only the limits of municipal or local area in district but also Panchayat area and dhanis, though, technically it may be situated outside municipal or local town area.
The other pleadings was that the location of Toll Plaza is in violation of norms laid down by the Department of Public Works of Rajasthan which stipulates that the distance from the check barriers/toll plaza should be at least 1 km and no check barriers/toll plaza would be installed within one km of fuel stations/rest area. Further, referring to the guidelines issued by IRC it has been averred that while establishing and operating Toll Plaza at the disputed site, various guidelines have also been violated as the Toll Plaza is situated within the prohibited distance from already existing petrol pump.
It was also the grievance ventilated through this petition that collection of toll fee is at a rate which is in contravention of the prescribed rule under the Rules of 2015 and directions issued in this regard from time to time by the State Authorities. According to the petitioner, location of Toll Plaza is in violation of the State Highways Circular dated 27.12.2004, IRC guidelines and Rule 8 of the Rules of 2015.
The State-Counsel, contrarily accused the petitioner of criminal demeanour and submitted that he had established a shop in violation of guidelines and conditions in the matter for running of ration shops. He further alleged that the petitioner has supressed the fact of criminal cases being registered against him and pretending to be pro bono publico, filed this petition for ulterior motive.
He went on to highlight that safety certificate have also been issued by the competent authority and no independent material has been placed on record to show as to how location of Toll Plaza endangers public safety. The petitioner has failed to demonstrate by any cogent material that establishment of Toll Plaza has affected the public interest and public safety, he agrued.
High Court's Analysis
The Court at the outset mapped the key challenges to the Toll Plaza creation, asserted by the petitioner and sumed up as following three:
-it is in violation of Rule 8 of the Rules of 2015
-it is in violation of IRC guidelines
-the location of Toll Plaza is in violation of Public Works Department instructions
For the first, the Court noted that the expression municipal area/local town area, therefore, would not include within its scope and ambit Panchayat area/village area and therefore contention of learned counsel for the petitioner that for the purposes of the Act, expression municipal area/local town area as used in Rule 8 of the Rules of 2015 should be given a liberal interpretation to include Panchayat and village area cannot be accepted.
"The expression municipal or local town area, in the absence of that expression defined under the Act of 2014 or the Rules of 2015 will take its meaning from the provisions contained in the Municipality Act only and cannot be given or assigned any meaning other than that which has been provided under the local laws of the State namely Municipality Act. There is no compelling reason for us to include Panchayat area or dhanis within the expression “municipal or local town area” for the purpose of establishment of Toll Plaza as provided under Rule 8 of the Rules of 2015. If the argument of learned counsel for the petitioner is accepted, the provisions will be rendered completely unworkable as the State Highway on either side are adjoining various panchayats and village areas and dhanis, therefore, argument in this regard is liable to be rejected."
The Court rejected the second ground noting that there is no such legal impediment either under the Act of 2014 or the Rules of 2015.
"The statutory prohibition is only with reference to distance of Toll Plaza from municipal area/local town area. The rule making authority in its wisdom, allowed construction of Toll Plaza maintaining safe distance of at least 5 kms and in exceptional case even less than 5 kms, from more densely populated area of municipal and local town area rather than imposing any restrictions in terms of distance from village or panchayat area or dhanis."
In view of this, it observed that the statutory scheme is very clear and therefore, in the absence of any statutory prohibitions, establishment of Toll Plaza could not be faulted only on the ground that the Toll Plaza is in the vicinity of adjoining villages and dhanis. In the absence of any statutory provisions, only on that ground, location of Toll Plaza cannot be said to be illegal.
For the third ground, the Court noted that the guidelines relate to national highways and not to State Highways and are merely recommendations for being adopted and that too in the matter of establishment of petrol pump outlet.
Thus, rejecting the third ground, the Court said:
"These guidelines are not statutory guidelines but only recommendations. Clause 2 thereof, lays down the basic principles that the governing consideration for norms are to be minimize, as much as possible, interference to normal flow of traffic on the road by vehicles using the amenity and also to ensure safety. Therefore, such guidelines are for consideration of the State Authorities."
Case Title: Jagdish Prasad Meena vs The State Of Rajasthan and Ors
Case Details: D.B. Civil Writ (PIL) Petition No.20668/2018
Coram: Acting Chief Justice Manindra Mohan Shrivastava and Justice Vinod Kumar Bharwani
Read Judgement Here:
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