IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 13178 of 2007(S) -------------------------- PETITIONER(S): --------------- KERALA STATE PRIVATE BUS OWNERS FEDERATION (REGD.NO. ER.660/2005), THURUTHIYIL LANE, EDAYAPPURAM, ALUVA-1, REPRESENTED BY ITS PRESIDENT, KHALID MUNDAPPILLY. BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA-COCHIN-682 020 - REPRESENTED BY ITS SECRETARY. 3. M/S. GAMMON INDIA LIMITED, GAMMON HOUSE, VER SAVARKAR MARG, PRABHADEVI, MUMBAI-400 025. *Addl.4th RESPONDENT IMPLEADED: 4.COCHIN BRIDGES INFRASTRUCTURE LTD. (CBIL) MATTANCHERRY NEW BRIDGE (BOT), THOPPUMPADY, COCHIN-5. *IS IMPLEADED AS ADDL.R4 AS PER ORDER DT. 4-9-2008 IN I.A.NO.11244/07 IN W.P.C.13178/2007 SR.ADV.SRI.D.D.MADON CHATRASAL SINGH FOR R3 ADV. SRI.JOSEPH YESUDASAN FOR R2 SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R3 SRI.E.K.NANDAKUMAR FOR R3 & ADDL.R4 SRI.A.K.JAYASANKAR NAMBIAR FOR R3 SRI.ANIL D. NAIR FOR R3 SR. GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.13178/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE RELEVANT PAGES OF THE CONCESSION AGREEMENT DATED 27-10-1999. EXT.P2. TRUE PHOTO COPY OF THE STATEMENT PROVIDED BY THE SECOND RESPONDENT REGARDING TOLL COLLECTION FOR THE PERIOD OF SEPT.2001 TO SEPT. 2006. EXT.P3. TRUE COPY OF THE NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY OF MARCH 2006. EXT.P4. TRUE COPY OF THE NEWS ITEM APPEARED IN THE NEWSPAPER DATED 4-12-2005. EXT.P5. TRUE COPY OF THE RELEVANT PAGES OF THE AUDIT REPORT DATED NIL. EXT.P6. TRUE PHOTOCOPY OF THE NEWS REPORT APPEARED IN MALAYALA MANORAMA DAILY DATED 8-6-2004 EXT.P7. TRUE PHOTOCOPY OF THE LEGAL NOTICE DATED 15-11-2007. EXT.P7(a) TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD OF EXT.P7. EXT.P8. TRUE COPY OF THE COMMUNICATION DATED 7-12-2006 FROM THE SECOND RESPONDENT. EXT.P9. TRUE COPY OF LETTER NO.4199/10/07/GCDA DATED 18-7-2007 EXT.P10. TRUE COPY OF LETTER NO.4199/10/07/GCDA DATED 19-7-2007 RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE G.O(MS) NO.53/08/PWD DATED 26-12-2008. EXT.R4(a) TRUE COPY OF THE CONCESSION AGREEMENT DATED OCTOBER 27, 1999 BETWEEN RESPONDENTS 2 & 3. EXT.R4(b) TRUE COPY OF THE FIRST SUPPLEMENTARY AGREEMENT DATED 6-1-2001 BETWEEN RESPONDENTS 2 & 3. EXT.R4(c) TRUE COPY OF THE NOTIFICATION DATED SEPTEMBER 15, 2001 ISSUED BY THE 1ST RESPONDENT. EXT.R4(d) TRUE COPY OF THE REPRESENTATION ALONG WITH ITS ENGLISH TRANSLATION DATED AUGUST 11, 2001. EXT.R4(e) TRUE COPY OF THE LETTER DATED OCTOBER 7, 2001 ISSUED BY THE 1ST RESPONDENT. EXT.R4(f) TRUE COPY OF THE ORDER HON'BLE SUPREME COURT OF INDIA IN SLP NO.10628/2002 DATED 25-10-2002. EXT.R4(g) TRUE COPY OF THE SECOND NOTIFICATION DATED OCTOBER 3, 2002 OF THE ADDL.CHIEF SECRETARY TO GOVERNMENT. EXT.R4(h) TRUE COPY OF THE THIRD NOTIFICATION DATED SEPTEMBER 29, 2003 ISSUED BY FIRST RESPONDENT. EXT.R4(i) TRUE COPY OF ORDER DATED OCTOBER 7, 2003 ISSUED BY FIRST RESPONDENT. EXT.R4(j) TRUE COPY OF THE LETTER DATED OCTOBER 15, 2003 SENT BY FIRST RESPONDENT TO 3RD RESPONDENT. EXT.R4(k) TRUE COPY OF THE LETTER DATED OCTOBER 15, 2003 SENT BY FIRST RESPONDENT TO 4TH RESPONDENT. EXT.R4(l) TRUE COPY OF THE ORDER DATED JANUARY 24, 2005 ISSUED BY FIRST RESPONDENT. EXT.R4(m) TRUE COPY OF THE ORDER DATED MARCH 1, 2005 ISSUED BY FIRST RESPONDENT. EXT.R4(n) TRUE COPY OF THE MINUTES OF THE MEETING DATED DECEMBER 15, 2005 (INCLUDING THE FINAL SECOND SUPPLEMENTARY CONCESSION AGREEMENT) EXT.R4(o) TRUE COPY OF THE JOINT LETTER ISSUED BY THE RESPONDENT AND THE 2ND RESPONDENT BEARING REFERENCE NO.9651/D3/2000/PWD DATED 23RD JULY 2001 EXT.R4(p) TRUE COPY OF LETTER NO.E3/327/99/GCDA DATED 9TH FEBRUARY 2000 ISSUED BY THE 2ND RESPONDENT. / TRUE COPY / P.S.TO JUDGE S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J. ------------------------------------------------- W.P(C).No.13178 of 2007 -------------------------------------------------- Dated this the 28th day of July, 2009 JUDGMENT S.R.Bannurmath, C.J. The writ petition is filed with the following prayers:- i) declare that the decision taken by the first and second respondent to enhance the period of toll collection for further 6 years and to give compensation to the tune of Rs.1.54 crores per year to the 3rd respondent is illegal and arbitrary and without proper application of mind and hence null and void. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to reconsider forthwith the decision taken to enhance toll collection period by 6 years and to award compensation to the 3rd respondent to the tune of Rs.1.54 crores per year. iii) to direct the 3rd respondent to provide details of toll collection account every month to the 2nd respondent to evaluate the quantum of collection of toll amount. iv) to direct the second respondent to take W.P(C).No.13178 of 2007 -:2:- appropriate steps to issue stamped and sealed collection coupons to the 3rd respondent so that the second respondent can ascertain the exact amount of collection of toll from the parties. It is not much dispute on either side that prayers 1 and 2 do not survive for further consideration, in view of the intervening developments as stated in the counter affidavit. So far as the 3rd and 4th prayers are concerned, there shall be a direction to respondent Nos.3 and 4 to provide the details of toll collection account every month to the 2nd respondent and a direction to the 2nd respondent to take appropriate steps to issue stamped and sealed collection coupons to the 3rd and 4th respondents so that the 2nd respondent can ascertain the exact amount of collection of toll from the parties. The writ petition is disposed of as above. S.R.BANNURMATH, Chief Justice KURIAN JOSEPH, Judge ahg. BANNURMATH, C.J. & KURIAN JOSEPH,J. --------------------------- W.P(C).No.13178 of 2007 ---------------------------- JUDGMENT 28th July, 2009