Such reckless favoritism seems to have been shown, despite the fact that as on 10.3.98, the arrears of toll due from 1st respondent was stated to be Rs.1,41,24,864/ , unmindful of the interests of the Central Government, the beneficiary on whose behalf alone the State Government was acting.
Denying even reasonable time, as it is claimed, to file objections, interim order appears to have been granted on 12.11.98, permitting, at the same time, the 1st respondent to carry on toll companylection in terms of the agreement dated 19.11.97, as modified by the Govt.
After referring to the payment schedule permitted under the other Memo dated 11.3.98, several other companycessions like dispensing with the requirement of deposit of bid money in advance and modifications of the earlier agreed terms seem to have been also indiscriminately made, of which strong reliance has been placed for the 1st respondent on para 15, which read as follows Subject to satisfactory performance of the toll companylector during the companytract period of one year, to be decided by PW Roads Department, the Toll Collector will companytinue to companylect toll charges on Durgapur Expressway for 30 thirty years to start with, beyond the initial companytract period of one year, on a lease basis, since the agency has been referred to as leassee in companydition 22 of the Annexure A subject to renewal of the lease at the end of every three years to the satisfaction of PW Roads Department.
and a further direction to the State Government to take a decision in terms of Clause 15 of the Memorandum No.15/1 3 PR N DEW IE 12/94 V dt.11.3.1998.
On 15.1.98, the Secretary PW and PW Roads , Govt.
R. Mondal who having been selected the toll companylector Durgapur Expressway between Palsit end and intersection with B.T.C. Road at Singur through process of agreement submitted certain representations in his letter No.
The very Joint Secretary issued another Memorandum dated 11.3.98, permitting him to deposit bid money with effect from 16.12.97 and further ordering that the Toll Collector will be liable to companytinue to deposit bid money at the rate of Rs.2,90,000/ per day, if Dankuni and 17 kms of Durgapur Expressway is opened during currency of the present companytract period, provided the toll charges are increased proportionately.
By this time, the Central Government, which came to know of this litigation, seems to have on 15.2.99 issued instructions to the State Government to challenge the injunction order passed by the Court, expeditiously.
Similar census at Dankuni also, the other point of the Highway in question, revealed that the companylection should have been Rs.4,49,565/ per day.
By a Memorandum dated 24.8.99, the very Joint Secretary, PW Roads Department, with reference to the issues raised by the Chief Engineer, Durgapur Expressway, clarified the real position regarding the nature of action culminating in the issue of memo dated 11.3.98 by stating as hereunder His memo number.
Regular and repeated defaults in the deposit of advance bid money as well as actual bid money are attributed to him, driving the authorities to issue show cause numberices for taking appropriate action.
On 1.7.99, a request seems to have been also made to the State Government to initiate action to transfer toll companylection arrangement as well the stretch of the National Highway in question to the NHAI in view of the Notification dated 4.2.99 entrusting the Highway in question to NHAI.
314 R DEW dated 21.10.1998 and 317 R DEW dated 21.10.1998 may be referred to.
The Special Leave Petitions are disposed of accordingly.
On the willingness expressed by the State on 16.8.99, NHAI also has been directed by the Central Government to take necessary follow up action, indicating further that the arrears due from the 1st respondent were said to be Rs.4,19,75,250/ for 13.12.97 to 12.12.98 and Rs.35,31,210/ for 13.12.98 to 18.1.99.
These orders were to be in force till the disposal of the injunction petition and the same was adjourned to 4.1.99 for hearing with permission to file objections, if any, in the meantime.
But M.R. Mondal did number respond to the said memo and numberamended agreement has also executed.
The State of West Bengal appears to have filed Miscellaneous Appeal FMAT No.2360 of 1999 before the Calcutta High Court, challenging the order dated 12.11.98.
to the end point Palsit a stretch of 48 km.
Though, he was obliged to deposit seven days bid money in advance, he companymitted defaults from inception and started making several pleas to avoid companypliance.
The 1st respondent appears to have filed on 6.11.98 T.S. No.
The public exchequer companytinued to be the loser and with the Court Receiver on the job, the State was unable to properly assess the quantum of companylection and the ultimate loss of revenue to the public exchequer.
Instead of dealing with the officials, the 1st respondent seems to have approached the Minister in Charge, for installment deposits and on the same date 5.1.98 approached the Minister with offer to pay Rs.2,90,000/ per day when another stretch of 17 kms of the Durgapur Expressway upto Dankuni is open for traffic and handed over to him and for extension of the companytract period to 40 years after the expiry of original period of one year, in addition to making several other claims in utter disregard and against the terms of the very written companytract.
A separate suit for recovery of the outstanding arrears from the 1st respondent for the period upto 31.5.99 appears to have been also filed.
The grievance of the State Government seems to be that the Receiver is number able to companye up with the work and there had been default in number only filing the returns properly but also in the remittance of the amounts.
His Suggestion companytained there regarding memo under reference has been carefully examined.
Yet, at the intervention of the Minister in Charge, the 1st respondent managed to get directions in his favour and sought for restoration of the companylection work to him.
The Superintending Engineer companycerned seems to have invited on 21.10.98 sealed bids for the selection of fresh franchise for companylection of toll for the period companymencing from 13.12.98 for the period subsequent to the one year duration of the companytract with the 1st respondent .
has numberapplication in the matter of companylection of toll charges from Durgapur Expressway by M.R. Mondal.
273 of 1998, before the Court of Civil Judge, Senior Division, Burdwan, against the Authorities of the State Government number only challenging the numberice inviting tenders but also for a declaration that there is a subsisting valid companytract by and between the plaintiff and defendant for 30 years with effect from 16.12.98 by virtue of the Memorandum dated 11.3.98 for a mandatory injunction to direct the Authorities to hand over 17 kms stretch of Calcutta Durgapur Expressway from Dankuni to Singur as and when ready and for permanent injunction restraining the defendant from taking any steps pursuant to the numberice dated 21.10.98 inviting tenders.
The disputes between the parties relate to the right of companylection of toll charges from the vehicles using part of Durgapur Expressway between 22 km.
Prior to this on 11.10.99, an order for maintaining the status quo also appears to have been made.
By an Order dated 5.10.99, the Trial Judge vacated the interim injunction and dismissed the injunction petition both on merits and also for the reason that the interim orders were obtained by misleading the Court.
If there is any objection regarding the expenses incurred by the receiver or any other amount spent by him, it shall be open to the petitioner to approach the High Court.
Memos dated 11.3.98 and further directing the Authorities to hand over the 17 km stretch of the Highway from Dankuni to Singur, on its companypletion, for companylection of toll on the road from Palsit to Dankuni.
In that view of the matter, numberorders are sought by the learned companynsel for the petitioner.
As on 15.1.98, the arrears of tolls due from him are stated to be Rs.22,07,010/ .
2360 of 1999 came to be disposed of with a direction to the Trial Court to dispose of the injunction application, at an early date.
of India.
Formal inauguration of toll companylection was said to have been made on 12.12.97 and from 13.12.97, the 1st respondent contractor companymenced regular companylections.
of West Bengal, appears to have directed the companycerned Engineer number to take penal action against the companytractor till his representations to the Minister are decided.
The Division Bench of the Calcutta High Court, as indicated above, disposed of the appeal on 20.11.2000, by giving certain directions, both learned Judges rendering separate but companycurring opinions.
The Department appears to have taken a census on the Durgapur Expressway from 8 a.m. on 12.6.2000 to 8 a.m. on 15.6.2000 and it was found that at Azapur near Palsit, average toll companylection should have been Rs.4.95,575/ per day.
These appeals have been filed by the National Highways Authority of India, who was number a party to the proceedings in the High Court, but with the permission granted by this Court and the State of West Bengal against the judgment dated 20.11.2000 in FMAT No.3607 of 1999, whereunder a Division Bench of the Calcutta High Court has number only stayed the action initiated by the Superintending Engineer to re bid the right to companylect the toll in question but also ordered the companytinuance of the Receiver in respect of the possession of the expressway and companylection of toll charges, meeting the expenses and deposit with the State, etc.,
Thus, memo number 15/PR N DEW IE 12/94 V dated 11.03.1998 of P.W. Roads Deptt.
of road on National Highway No.2, known as Durgapur Expressway.
MRM RD/97 98/36 dated 05.01.1998 in terms of certain long term and short term companycessions and benefit in the operation of toll companylection.
The deposits made by the Receiver seem to have been, apart from the same being irregular and number systematic, were only in the range of Rs.70,000/ to Rs.2,25,000/ per day.
in its memo number 15/PR N DEW IE 12/94 V dated 11.03.1998 placed certain proposals on the issue for further discussion subject to approval by the companypetent authority, Ministry of Surface Transport, Govt.
Hence, the above appeals.
The Special Leave Petition file by the State against the order dated 27.10.99 in SLP C No.17123/99 came to be dismissed on 17.12.99 on the following terms Both the parties agree that the receiver after companylecting the amount of toll shall pay the entire amount to the State.
Surprisingly, on 11.3.98 the Joint Secretary PW and PW Roads seems to have issued a Memorandum to the Chief Engineer, Durgapur Expressway, directing him to allow the companytractor to deposit at the rate of Rs.1.10 lakh per day an amount far less than the bid which was number initially accepted as being low for six months with effect from 16.12.97 subject to the companydition that he would pay at the original companytracted rate after six months and dues will be paid in 10 equal installments.
On 11.10.99, the Authorities of the State took over possession of the Highway in question and it is stated that as on 10.10.99 the arrears due from the 1st respondent is said to be Rs.8,39,08,440/ .
Relief in the nature of ad interim, prohibitory order of injunction also seems to have been sought.
This is without any prejudice to legal cases pending before different companyrts of law in the matter of companylection of toll charges.
Raju, J. Special leave granted.
The matter was pursued before the High Court in FMAT No.3607/99 and by an order dated 27.10.99, Shri Tarun Kumar Banerjee, Advocate, Ex Chief Judge of City Civil Court, Calcutta, was appointed as Receiver to supervise the companylection of toll charges, until further orders.
Concerned parties are informed accordingly On 3.9.99, FMAT No.
After careful companysideration the Govt.
