IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 12320 of 2008 DATE OF DECISION : 18.07.2008 Ashok Kumar and others .... PETITIONERS Versus Government of India and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Sanjeev Kumar Panwar, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. The petitioners, who are residents of District Saharanpur (U.P.), have filed this petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari quashing the action of the respondents in collecting the tax in the shape of Pathkar (road tax) on the loaded tractor trolleys/vehicles, which are plying on the route from Saharanpur to Yamuna Nagar, and vice versa on National Highway No. 73, being illegal, improper, unjust and against the provisions of Control of National Highway (Land and Traffic) Act, 2002 (hereinafter referred to as `the Act') and letter dated 9.2.2001 (Annexure P-2) issued by the Government of India. CWP No. 12320 of 2008 -2- From the facts stated in the petition, it appears that Panchayat Samiti, Jagadhri is collecting Rs. 50/- per tractor trolley loaded with woods as Patkar for crossing the area of the Panchayat Samiti, though no notification or resolution or order passed by the Panchayat Samiti has been annexed with the petition. It is the case of the petitioners that collecting of aforesaid tax in the shape of Patkar from the loaded tractor trolleys is against the provisions of the Act and the letter dated 9.2.2001 issued by the Government of India. We have perused Sections 23, 24, 26 and 27 of the Act, which have been re-produced in the petition itself, as well as the letter dated 9.2.2001 (Annexure P-2). These provisions as well as the letter do not debar the Panchayat Samiti from collecting Patkar from the loaded tractor trolleys, plying on the route falling in the area of the Panchayat Samiti. Section 23 provides that all land forming part of a National Highway shall be treated to be the property of the Central Government. Section 24 deals with the prevention of occupation of highway land. It provides that no person shall occupy any highway land or discharge any material through drain or such land without obtaining prior permission. Section 26 deals with removal of unauthorised occupation of the Highway land and Section 27 deals with recovery of cost of removal of unauthorised occupation and fine imposed. None of these provisions prohibits the Panchayat Samitis from imposing or collecting tax for the use of the road, including the National Highway, falling in their area. CWP No. 12320 of 2008 -3- A perusal of letter Annexure P-2 reveals that no tax collection barriers can be put on the National Highway by authorities like Civil Supplies Department, Police and Excise Department, Forest Department, Nagar Palikas and Panchayats etc., without obtaining prior approval of the Ministry of Surface Transport. This letter does not debar the Panchayat Samiti from imposing and collecting Patkar, but it has been provided that if a tax collection barrier is to be set up on the National Highway, then prior permission is to be obtained. As per letter dated 25.6.2008 (Annexure P-1) issued by the Panchayat Samiti, Jagadhri, the contract of collection of Patkar from the vehicles loaded with wood entering in the area of Panchayat Samiti, Jagadhri via Yamuna river crossing at Kalanaur within Panchayat Samiti, Jagdhri, from the boundary of State of Uttar Pradesh, for a period of three years has been approved. This document indicates that the Panchayat Samiti has imposed Patkar on the vehicles loaded with wood for entering in the area of Panchayat Samiti, Jagadhri. Though in the petition, it has been stated that respondent No.9 has set up the tax collection barrier on the National Highway, but a perusal of the photographs, annexed with the petition, shows that in the instant case, on National Highway No. 73, no barrier has been set up by the Panchayat Samiti, Jagadhri, and there is no hindrance in the free flow of traffic on the National Highway. However, counsel for the petitioners has not questioned the power of Panchayat Samiti, Jagadhri to impose and collect Patkar from CWP No. 12320 of 2008 -4- the loaded vehicles entering in the area of Panchayat Samiti. In view of the aforesaid facts, in our opinion, the prayer made by the petitioner to quash the action of the respondent Panchayat Samiti for collecting tax in the shape of Patkar from the loaded tractor trolleys entering in the area of Panchayat Samiti, Jagadhri, on Kalanaur-Jagadhri river cannot be accepted. Thus, the writ petition is dismissed in limine. ( SATISH KUMAR MITTAL ) JUDGE July 18, 2008 ( AUGUSTINE GEORGE MASIH ) ndj JUDGE