Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2008 National Highways Fee (Determination or Rates and Collection) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | National Highways Act, 1956 (48 of 1956) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Highways Fee (Determination or Rates and Collection) Rules, 2008 – rr. 3, 8, 9, 17 – Construction of Toll Plaza – Appellant-NHAI proposed for the construction of Toll Plaza at the four laning of Patna-Bakhityarpur section of NH-30 – According to the respondent, the appellant-NHAI had not assigned any reason for establishing the toll plaza within a municipal area and construction of the same was in violation of Rule 8 – Respondents filed writ petition before the High Court – The Single Judge of the High Court allowed the writ petitions and directed to shift the proposed construction of Toll Plaza from its present location – The Single Judge of the High Court also found that before taking decision to construct a toll plaza within 10 km of the municipal limits, the Executive Authority must assign reasons in writing and also adhere to the conditions mentioned in the second proviso to Rule 8 – The Division Bench of the High Court confirmed the order of the Single Judge of the High Court – On appeal, held: There is no general duty, when an administrative decision is taken, to give reasons – A Statute may, however, explicitly provide that the Executive Authority must provide reasons and it must be recorded in writing – Rule 8(1) provides that the Executing Authority or the Concessionaire shall establish toll plaza beyond the distance of 10 km from a municipal or local town area limits – However, the first proviso engrafts a limitation on the power of the Executing Authority that the exercise of power under the first proviso, should not result in the toll plaza being located within 5 km of such municipal or local town area limits – In exercise of the said discretionary power, the Executive Authority must record reasons in writing – On the other hand, on the perusal of the second proviso, it leaves no doubt that the factum of construction of a section of the national highway, inter-alia, within the municipal or town area limits, is subject to the only condition that it must be primarily for the use of the residents of such municipal or town area – The second proviso does not indicate as to, in whom, the power to locate the toll plaza under the second proviso, stands vested with – Also, the second proviso does not contemplate that reasons for exercising the discretionary power, is to be recorded in writing – Thus, the High Court erred in concluding that the recording of reasons in writing was necessary – The direction of the High Court, to shift toll plaza, cannot be upheld and it is liable to be set aside. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2021 INSC 532 |
Petitioner | National Highways Authority Of India & Others |
Respondent | Madhukar Kumar & Others |
SCR | [2021] 13 S.C.R. 299 |
Judgement Date | 2021-09-23 |
Case Number | 11141 |
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