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M/S Delhi-Gurgaon Super ... vs Govt. Of National Capital ...
2011 Latest Caselaw 3083 Del

Citation : 2011 Latest Caselaw 3083 Del
Judgement Date : 4 July, 2011

Delhi High Court
M/S Delhi-Gurgaon Super ... vs Govt. Of National Capital ... on 4 July, 2011
Author: Manmohan Singh
*            THE HIGH COURT OF DELHI AT NEW DELHI
%                                   Judgment delivered on: 4th July, 2011

                              OMP 408/2011

M/S DELHI-GURGAON SUPER CONNECTIVITY LIMITED
                                       ..... Petitioner

                                      versus


GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI & ORS.
                                       ..... Respondents

Advocates who appeared in this case:

For the Petitioners : Mr Mukul Rohatgi, Sr. Adv. with Mr Ashish Dholakia, Adv.

For the Respondents : Mr Sudhir Nandrajog, Sr. Adv. with Mr Gaurang Kanth and Mr Rohit Kumar, Advs. for MCD.

CORAM:-

HON'BLE MR JUSTICE MANMOHAN SINGH

1. Whether Reporters of local papers may be allowed to see the judgment ?

2. To be referred to the Reporter or not ?

3. Whether the judgment should be reported in Digest ?

MANMOHAN SINGH, J

1. This petition under Section 9 of the Arbitration and

Conciliation Act, 1996 has been filed by the petitioner seeking restraint

against the respondent Nos.1 and 2 from in any manner interfering with

the petitioner's collection of toll tax and retaining 11% thereof as

collection charges or causing interference in the smooth flow of traffic on

the Delhi-Gurgaon expressway and also directing the respondent No. 3 or

such other independent Government agency to determine

service/collection charges payable to the petitioner.

2. The controversy in this matter arises out of a concession

agreement whereby the petitioners became concessionaire for conversion

of the Delhi Gurgaon section of National Highway-8 from KM 14.3 to

KM 42.00 into an access controlled 8/6 lane expressway on Build

Operate and Transfer (BOT) basis for NHAI.

3. It is averred in the petition that the petitioner has completed

the entire project successfully in accordance with the concession

agreement and the design provided by the NHAI. Under the said

concession agreement, the entire cost of conversion of the Highway was

to be, and in fact has been, incurred by the petitioner. The said

expenditure was to be recovered by the petitioner by way of collection of

toll from the commuters for a certain number of years. The petitioner

invested about Rs. 1,000 crores on the construction of the expressway.

4. It is submitted by the petitioner that Respondent No.2 has

been designated by the respondent No.1 as the agency with which the

petitioner is required to enter into suitable agreements in view of certain

provisions in the concession agreement and State Support agreement. The

expressway became operational with effect from 23.01.2008 and on the

said date, there was no agreement between the parties. Consequently, a

service charge was levied @ 14%. Thereafter, respondent No.2

appointed a company called M/s PKSS Infrastructure Pvt. Ltd. as its

agent to receive the toll tax collected by the petitioner and in this regard a

Memorandum of understanding dated 15.05.2008 (hereinafter referred to

as "MoU") was executed between the petitioner, respondent No.2 and

M/s PKSS Infrastructure Pvt. Ltd. and under the said MoU the petitioner

was empowered to collect MCD toll tax from specified category of

commercial vehicles at Rajokari boarder. Under the MoU it was provided

that after deducting the collection charges so fixed, the petitioner would

remit the amount of MCD toll tax to M/s PKSS Infrastructure Pvt. Ltd.

The MoU was valid upto 16.05.2011. The MoU also provided as

follows:

"the decision with respect to the collection charges to be received by (the petitioner), shall be settled between the parties by referring the same to a mutually agreed Govt. Agency. The recommendation of the said Govt. Agency shall binding on all the parties".

5. Therefore, the parties mutually appointed respondent No.3,

M/s RITES Ltd., a well reputed Govt. of India enterprise, to determine

the collection charges payable to the petitioner for the integrated toll tax

collection. The respondent No.3 computed the collection charges to be at

11.28% and in doing so, it took into account, inter alia, civil costs,

equipment/software costs, projected inflation, an added margin of 10% of

the cost of collection etc. The determination made by the respondent

No.3 was accepted by both the petitioner and the respondent No.2 ,

subject only to rounding off the figure to 11% and remitting the balance

to the respondent No.2 through the latters contractor M/s PKSS

Infrastructure Pvt. Ltd.

6. It is submitted by the petitioner that over the last three years

the costs involved in toll tax collection have increased substantially and

consequently the collection charges are due for upward revision,

therefore, few months prior to the expiry of the MoU the petitioner had

requested for the same on and from 16.05.2011. However, on the

contrary, respondent No.2 conveyed to the petitioner that the rate of

service charges on collection of MCD toll tax by the petitioner at Rajkori

boarder should be reduced from 11.5 to 3% because the same rate has

been agreed by the concessionaire operating the Badarpur-Faridabad

Toll-Way. This was unacceptable to the petitioner.

7. Before expiry of the MOU, the respondent No.2 sent a letter

dated 18.04.2011 to the petitioner asking to accept the proposed rate. In

response, the petitioner informed the respondent No.2 that unless an

amicable resolution on the rates was reached before 16.05.2011 (5:59

a.m.), the petitioner would not collect any toll tax on behalf of the

respondent No.2. Thereafter, a meeting was held between the parties on

10.05.2011, however, the issue could not be resolved. The petitioner,

thereafter sent a letter dated 12.05.2011 to the respondent No.2

suggesting that the issue may be resolved by appointing an independent

government agency such as respondent No.3(as earlier mutually agreed

by the parties), to determine the service charge payable to the petitioner,

then again on 14.05.2011, another letter was sent to the respondent No.2

by the petitioner informing that since the respondent had not made any

arrangement to collect toll tax and sudden appearance of their

representatives to do the same from 16.05.2011 was likely to result in

huge traffic jams causing problems to the public at large, therefore, the

petitioner would continue to collect the toll tax on behalf of respondent

No.2 and made it clear that the rate of service charge collection would be

11% or such other rate as decided by respondent No.3 or any other

independent government agency. The petitioner also intimated the

respondents that incase the petitioner did not receive reply to the

aforesaid effect, then the petitioner would assume that the respondent

No.2 has no objection to the petitioner's collection of toll tax. As the

respondent No.2 did not reply to the petitioner's letters dated 12.05.2011

and 14.052011, the petitioner continues to collect toll tax beyond

16.05.2011.

8. The main contention of the respondent No.2 is that the

MoU/Tripartite Agreement executed on 15.05.2008 between M/s Delhi

Gurgaon Super Connectivity Ltd., M/s PKSS Infrastructure Pvt. Ltd. and

MCD for collection of MCD's Toll Tax has already expired on

16.05.2011. A fresh agreement for collecting the toll tax between the

parties has also not been executed. The negotiations between MCD and

concessionaires about the rate of service charges have not materialized.

Therefore, the respondent No.2 is insisting that the service charges of

such collection by the concessionaires should be fixed @ 3% only. The

justification given by Mr Sudhir Nandrajog, Sr. Adv., appearing on

behalf of the MCD is that the MCD has to bring down the rate of

integrated border Toll Plazas viz; Badarpur, Rajoukari and Noida-DND

Flyway Borders, which is rationally justified, so that the revenue stream

of MCD is not affected.

9. Mr. Nandrajog, learned senior advocate has argued that the

above revision of service charges to 3% has been approved by the

Competent Authority of Municipal Corporation of Delhi, which is a

statutory body constituted under the Act of Parliament of India. He has

referred to Section 113, 113(2)(g) of MCD Act, 1957 and submits that

the MCD does not need any support of the Government being

independent and statutory body itself who has taken the policy decision,

therefore, the revised service charges @3% are applicable to all three

above mentioned Toll Plazas. He further submits that the collection of

toll tax from all the border entry points of Delhi from notified commercial

vehicles is an obligatory function of MCD. Therefore, the

concessionaires of NHAI are bound to collect the toll tax on behalf of the

MCD and remit the same to MCD after deduction of the service charges.

Since the MCD has already decided to give 3% service charges to

concessionaires to NHAI, any deviation from the order passed by the

MCD would be taken seriously. He further submits that the present

petition is not maintainable because of the reason that the respondent

No.2 was not a party to the concession agreement dated 18.04.2002 as

well as State Support Agreement dated 24.05.2004 and the reliefs sought

by the petitioner is not liable to be granted in the absence of respondent

No.2 being parties to the agreements.

10. In support of his submissions, he has referred to Indowind

Energy Limited v. Wescare (India) Limited and Another: (2010) 5

SCC 306 and Indusind Bank Ltd. v. National Highways Authority:

166(2010) DLT 354. He mainly stressed on Indowind Energy Limited

v. Wescare (India) Limited and Another (supra). The relevant extract

of the same reads as under:

"Wescare puts forth the agreement dated 24-2-2006 as an agreement signed by the parties containing an arbitration agreement but the said agreement is signed by Wescare and Subuthi and not by Indowind. It is not in dispute that there can be appointment of an arbitrator if there was any dispute between Wescare and Subuthi. The question is when Indowind is not a signatory to the agreement dated 24-2-2006, whether it can be considered to by a "party" to the arbitration agreement. In the absence of any document signed

by the parties as contemplated under clause (a) of sub-section (4) of contemplated in clauses (b) or (c) of sub-section (4) of Section 7 and in the absence of a contract which incorporates the arbitration agreement by reference as contemplated under sub- section (5) of Section 7, the inescapable conclusion is that Indowind is not a party to the arbitration agreement. In the absence of an arbitration agreement between Wescare and Indowind, no claim against Indowind or no dispute with Indowind can be the subject-matter of reference to an arbitrator. This is evidence from a plain, simple and normal reading of Section 7 of the Act."

11. Mr. Nandrajog has referred to clause 10 of the

MoU/agreement dated 15.05.2008 which provides that in case of any

dispute the jurisdiction will lie in the courts of Delhi. He argued that in

view thereof, the petition filed by the petitioner is liable to be dismissed.

He submits that in any case, the respondent No.2 has no objection in case

the dispute of determination of collection/service charges in lieu of MCD

toll collection at Rajoukari Toll Plaza at NH-8 be referred to independent

agency, i.e. Comptroller and Auditor General of India, who will give its

report after considering the points raised by the petitioner as well as the

respondent No.2, however in the meanwhile, the petitioner should charge

revised service charge @3% as per the decision taken by the MCD in the

meeting held on 10.05.2011.

12. Before considering the submissions made by the learned

counsel for the parties, there are certain clauses of the agreement and

relevant facts which are necessary to be referred to for coming to the

conclusion in the matter. The clause 6.7 of concession agreement, inter

alia, provides as under:

"6.7 The Concessionaire shall make arrangements to collect taxes/levies/duties from the users of the Project Facility for and on behalf of GOI/GNCT/GOH (i.e. Government of India/ Government of National Capital Territory of Delhi/Government of Haryana) as the case may be including inter alia entry fee, if so required. The Concessionaire shall enter into a suitable agreement with GOI/GNCTD/GOH or their designated agencies or assigns as the case may be after taking due approval from NHAi, which approval shall no be unreasonably withheld. The Concessionaire may collect service charges from GOI/GNCTD/ GOH or their designated agencies or assigns as the case may be for the arrangemnts to collect taxes/levies/duties under the provisions of this clause 6.7. The terms, conditions and extent of such service charges shall be negotiated and settled directly between the Concessionaire and GOI/ GNCTD/GOH or their designated agencies or assigns as the case may be without any obligation on the part of NHAI to cause the Concessionaire or GOI/GNCTD/GOH or their designated agencies or assigns to negotiate and/or arrive at such a settlement as provided in this clause 6.7. Provided however that nothing contained in this Agreement shall entitle the Concessionaire to collect, levy, appropriate or dispose of any service charges, whether directly or indirectly for the collection of Fees from vehicles using the Project Highway."

13. The similar provision is contained in State Support Agreement

dated 24.05.2004 which reads as under:

"3.1(xii) to Concessionaire making arrangements to collect taxes/levies/duties from the users of the Project Facility for and on behalf of the GNCTD/GOH, as the case may be, including inter

alia entry fee, if so required. The Concessionaire shall enter into a suitable agreement with GNCTD/GOH or their designate agencies or assigns, as the case may be after taking due approval from NHAI, which approval shall not be unreasonably withheld. The Concessionaire may collect service charges from GNCTD/GOH or their designated agencies or assigns as the case may be for the arrangements to collect taxes/levies duties under the provisions of Clause 6.7 of Concession Agreement. The terms, conditions and extent of such service charges shall be negotiated and settled directly between the Concessionarire and GNCTD/GOH or their designated agencies or assigns as the case may be without any obligation on the part of NHAI to cause the Concessionarire or GNCTD/GOH or their designated agencies or assigns to negotiate and/or arrive at such a settlement as provided in clause 6.7 of Concession Agreement."

14. Expressway has three toll plazas for collecting the toll, one of

which is at Rajokari on the Delhi-Gurgaon border from where the

petitioner operates. The other two are Badarpur and Noida DND Flyway

borders. The petitioner has devised its Toll Collection system at the

Rajokari Toll Plaza Delhi-Gurgaon Expressway with the MCD toll tax

incorporated in the system and the toll tax can be collected

simultaneously along with the toll fees through the integrated toll receipt

generated by the system.

15. In terms of the State Support Agreement the respondent No.2

was acting as an agency of the Govt. of NCT, with which the petitioner

was required to enter into suitable agreements in view of the

above provisions of the concession agreement and State Support

Agreement. Initially, when commercial operation of the Expressway

commenced on 23.01.2008, there was no agreement in place between the

petitioner and the respondent No.2. Consequently, service charge was

being levied at 14%. Subsequently, the respondent No.2 appointed a

company called M/s PKSS Infrastructure Pvt. Ltd. as its agent to receive

the toll tax collected by us on behalf of the respondent No.2.

16. To facilitate the collection of toll tax and payment to

respondent No.2 using the petitioner's integrated toll collection system,

the petitioner, MCD and M/s PKSS Infrastructure Pvt. Ltd. executed a

Memorandum of Understanding dated 15.05.2008. Under the said MoU,

the petitioner was to collect MCD toll tax from specified category of

commercial vehicles at Rajokari Border. It was further provided that the

decision with respect to the collection charges to be received by the

petitioner, shall be settled between the petitioner and the MCD by

referring the same to a mutually agreed Govt. agency. The

recommendation of the said Govt. agency was to be binding on the

parties to the MoU, i.e., petitioner and the MCD. The MoU also

provided that after deducting the collection charges so fixed, the

petitioner would remit the amount of MCD toll tax to M/s PKSS

Infrastructure Pvt. Ltd. The validity of the MoU was up to 16.05.2011

(5.59 a.m.).

17. Subsequently, pursuant to the aforesaid clause set out in the

MoU, the parties mutually appointed M/s RITES Ltd., a well reputed

Government of India enterprise, to determine the collection charges

payable to the petitioner for the integrated toll tax collection. The said

M/s RITES Ltd computed the collection charges to be at 11.28%. In

computing the collection charges, M/s RITES Ltd took into account civil

costs, equipment/software costs, manpower costs, operation and

maintenance costs, reporting costs and miscellaneous costs, inflation and

added thereto a margin of 10% of the cost of collection.

18. Both, the petitioner and the MCD, accepted the determination

made by M/s RITES Ltd, subject only to rounding off the figure to 11%.

As such, the petitioner began deducting collection charges at 11% and

remitted the balance to MCD contract M/s PKSS Infrastructure Pvt. Ltd.

This arrangement continued throughout since the execution of the said

MoU.

19. One of contentions of the petitioner is that for the past three

years the costs involved in toll tax collection have substantially increased

and consequently the collection charges are due for upward revision. As

such, a few months prior to expiry of the MoU on 16.05.2011, the

petitioner requested for upward revision of the service charges on and

from 16.05.2011. But, instead of increasing the service charge rate, the

MCD conveyed that the rate of service charges on collection of MCD toll

tax by the petitioner at Rajokari Border should be drastically reduced

from 11% to 3%. The reason given for the reduced service charges was

that the same rate has been agreed by the concessionaire operating the

Badarpur - Faridabad Toll-way, which is the smallest of all toll plazas

bordering the city.

20. In view thereof, the petitioner issued a notice dated

17.05.2011 to the respondent No.2 stating that since the dispute could

not be amicably resolved between the parties, therefore, the petitioner is

left with no alternative except to invoke the arbitration clause 9.2 of the

State Support Agreement and the request was made to the respondent

No.2 to nominate one person who will act as an arbitrator on behalf of

the NCT of Delhi/MCD and request was also made to the respondent

No.2 to appoint new contractor from 15.05.2011 under the fresh contract.

21. On 18.05.2011, the petitioner issued another reminder to

Assistant Commissioner (Toll Tax), MCD, Minto Road New Delhi, by

referred to the other letters as well as the minutes of meeting held on

10.05.2011 showing their willingness to appoint M/s RITES or any other

appropriate agency to determine the service charges payable to the

petitioner.

22. The submission of Mr Mukul Rohatgi, learned senior counsel

appearing on behalf of the petitioner, is that the provisions of concession

agreement and State Support Agreement have only authorized MCD to

negotiate and to settle with the concessionaire the rate of service tax.

However, he submits that the said agreements have not given the MCD

any authority to decide the rate of service charges. According to Mr.

Rohatgi, if the petitioner is to collect the toll tax, then the method of

determination of collection of service charges has to be governed solely

by the provisions of concession agreement and the State Support

Agreement as relied upon by the petitioner and the petitioner is bound by

the clauses mentioned in these agreements and not contrary decision

taken by the MCD.

23. He further states that the petitioner is always ready to act in

accordance with the said provision mandated by the Govt. of NCT of

Dehli who is a party in the State Support Agreement and the provisions

mandated by the Govt. of NCT of Delhi in the State Support Agreement

be adhered to by the MCD, otherwise any decision taken by the MCD

would be contrary to the provisions of the siad agreement. He submits

that the petitioner is ready and willing to settle the issue amicably through

discussion between the parties and not merely arbitrary decision taken by

the MCD. It is also stated by Mr Rohatgi that the petitioner is ready to

continue to render its services at the same rate, i.e., 11% despite of the

fact that the cost of collection has increased enormously over the last

three years. In case the MCD is not ready to comply with the terms of

the concession agreement and State Support Agreement and negotiations

between the parties, then the petitioner is prepared to stop to collect the

MCD toll tax from Rajokari Toll Plaza and the MCD be asked to make

its own arrangement for collecting the toll tax. He also referred to certain

portion of clause 3 of the State Support Agreement dated

24.05.2004/22.02.2005 in which the Govt. of National Capital Territory

of Delhi had agreed to discharge, inter alia, the following obligations:

"(iv) To ensure that no barriers are erected or placed by GNCTD/GOH or any Govt. Agency of GNCTD/GOH that interrupts free flow of traffic on the project highway except on account of law and order situation or situation arising out of any court's directives or upon national security consideration.

(viii) To support, co-operate with and facilitate NHAI and the Concessionaire in the implementation of the project.

(x) Enure, subject to and in accordance with the applicable laws that all the relevant municipal and other authorities and bodies including panchayats in the National Capital Territory of Delhi/State of Haryana do not put any barriers or other obstruction that interrupt free flow of traffic on the project highway."

24. Mr. Rohtagi has also referred to Section 23 (1) of National

Highways (Land and Traffic) Act, 2002 which provides that "All lanes

forming part of a highway which vest in the Central Government or

which do not already vest in the Central Government but have been

acquired for the purpose of highway shall for the purposes of this Act and

other Central Acts be deemed to be the property of the Central

Government as owner thereof. Further, Section 24(1) of the Act

provides that no person shall occupy the highway land or discharge any

material through drain on such lane without obtaining prior permission for

such purpose in writing of the Highway administration or any officer

authorized by sucyh administration in this regard. Section 28(1) provides

that "no person shall have right of access to a highway lanes either

through any vehicle or on foot by a group of 5 or more persons except

permited by the Highway administration either generally or specifically in

the manner specified in Section 29.

25. He argues that National Highway Authority of India had

accorded its permission by way of the provision made in Clause 6.7 of

the concession agreement for integrated toll collection so that the traffic

flow remains unaffected and in the event integrated toll collection cannot

be persisted with, then as a pre-condition for any such change the

existing permission from NHAI for MCD Toll Collection as contained in

clause 6.7 will need to be changed and the petitioner will be entiteld to be

compensated for all losses arising from the amendment of the clause.

26. As far as the objection raised by the respondent No.2 that the

respondent No.2 is not a party to the concession agreement dated

18.04.2002 and the State Support Agreement, he relied upon clause 6.7

wherein it was specifically specified that the concessionaire/petitioner

shall enter into suitable agreement with Govt. of NCT of Delhi and the

Govt. of Haryana or their designated agencies or assigns as the case may

be after taking approval from NHAI which approval shall not be

unreasonably withheld. A similar provision is also contained in the State

Support Agreement dated 24.05.2004/22.02.2005.

27. Mr. Rohtagi has argued that the respondent No.2, though is

not a party, but admittedly the designated agency, against whom an

interim order can be issued, otherwise, where is the question of MCD to

have the Memorandum of Understanding dated 15.05.2008 with the

petitioner and with the consent of the parties both agreed to refer the

matter to the RITES Ltd., a Govt. of India Enterprise to determine

collection/service charges in lieu of MCD toll collection tax collection at

Rajokari Toll Plaza on NH-8. The Memorandum of Understanding dated

15.05.2008 continued for three years between the parties as per the

arrangement arrived at between the parties in view of concession

agreement dated 18.04.2002 and the State Support Agreement, which is

still in existence between the parties to the said agreement. It further

appears that before executing Memorandum of Understanding, the MCD,

in its letter dated 21.01.2008, itself referred to clause 6.7 of the

concession agreement and also referred to the State Support Agreement

dated 24.05.2004 which provided the terms and conditions. In the said

letter, admittedly, the MCD itself had referred to the terms and conditions

of the agreements in order to determine the service charges by way of

negotiation and settlement directly between the concessionaire and

GOI/GNCTD/GOH or their designated agencies or assigns as the case

may be.

28. Mr Mukul Rohatgi argued that the MCD has to be read as

designated agency or assign to the concession agreement as well as the

State Support Agreement dated 24.05.2004. As far as clause 10 of the

Memorandum of Understanding, that in case of any dispute, the

jurisdiction will lie to Courts of Delhi, is concerned, he submits that the

said Memorandum of Understanding/Agreement was valid up to

16.05.2011. Therefore, the respondent No.2 MCD cannot take the

advantage of the said clause.

He argues that the decision, referred to by the respondent

No.2, are not applicable to the facts and circumstances of the present

case particularly in view of clause 6.7 of the concession agreement, State

Support Agreement and as per the conduct of the MCD in the matter.

This Court can exercise its power under Section 9 of the Arbitration and

Conciliation Act to issue the direction against the third party but, it

depends upon the facts of each case. He stressed that this is a fit case in

which the directions can be passed against the respondent No.2 MCD.

29. With regard to the grounds of similarly situated party in

respect of Badarpur Border project who entered into with another

concessionaire, Mr. Rohtagi has informed that the said project is different

than the present project as in Badarpur Border Project, it is small in size,

traffic flow is less therefore it is of no relevance to make comparison

between the two and even the facts are materially different between the

two.

30. After having considered the entire gamut of the case, this

Court is satisfied that prima facie the present petition is maintainable

particularly in view of the provisions of the concession agreement and

State Support Agreement who have authorized the MCD to negotiate and

to settle with the concessionaire the rate of service tax.

31. Further, the petitioner has shown its willingness and readiness

to settle the issue amicably through discussion with the respondents No.1

and 2. The petitioner is prepared for appointment of any independent

agency including RITES Ltd. or any other Government agency other

than the Comptroller and Auditor General of India for the purpose of

determining of the service charges in lieu of toll collection at Rajokari toll

plaza on NH-8. Mr. Rohtagi submits that since the dispute in the present

case is small therefore in place of agency suggested by the MCD any

other independent Govt. agency be appointed who may determine the

rate of service charges payable to the petitioner upon rendering the

service of collection of toll tax for and on behalf of the Govt. of National

Capital Territory of Delhi and MCD. The learned counsel has also stated

that the petitioner has no objection if any other company is appointed to

collect the toll tax for and on behalf of the respondents No.1 and 2

subject to the rights claimed by the petitioners.

32. One more opportunity is granted to the parties to settle the

issue amicably through discussion themselves or by taking assistance of

any independent Govt. agency, if agreed between them to determine the

rate of service charges payable to the petitioner for rendering the service

of collection of toll tax for and on behalf of respondents No.1 and 2.

33. Issue notice to the respondents. The response be filed by the

respondent No.2 MCD within four weeks, rejoinder, if any, by the next

date. Notice be also issued to the respondents No.1 and 3, on filing of

process fee within one week, returnable on 25.08.2011.

34. Till the next date, it is directed that the respondents No.1 and

2 shall not alter the status quo and/or interfere with the petitioner's

collection of toll tax for and on behalf of the respondents No.1 and 2

from commercial vehicles arriving from Gurgaon to New Delhi and Delhi

by using the Delhi-Gurgaon Expressway.

MANMOHAN SINGH, J JULY 04, 2011 Jk/dp

 
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