PIL seeking Toll Plaza at Sarore be declared as illegal
JKUT (Jammu), October-27-2023-:- A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice N Kotishwar Singh and Justice Moksha Khajuria Kazmi dismissed the PIL seeking Toll Plaza at Sarore be declared as illegal on the ground that the same was established in violation of the provisions of law.
This significant order has been passed in a Public Interest Litigation filed by Sanjeev Kumar Sareen that the Toll Plaza at Sarore be declared as illegal on the ground that the same was established in violation of the provisions of law.
Respondent No. 1 & 2 have filed their objections, which inter-alia reveals that the issue raised in the instant PIL was already raised in an earlier PIL, registered as PIL No. 59/2019, filed by one Satam Arora and others, wherein the challenge was also regarding the establishment of Toll Plaza Sarore and the relief claimed in the said PIL was that the Toll plaza be shifted to some other place. The said PIL was considered by this Court and was dismissed on 06.10.2020, by observing that installation of a Toll Plaza falls in the realm of a policy decision of the authorities and it requires consideration of several factors for its location and this Court does not have the expertise to make such evaluation. Accordingly, the Court proceeded to dismiss the said PIL.
DB observed that Since the subject of the instant PIL is the same, i.e., the establishment of Toll Plaza at Sarore at Jammu, Pathankot Highway, though the ground for challenge is that the same has been established against the provisions of law, we are of the view that the PIL will be hit by the principle of constructive res judicata and as such, is not maintainable. For the reasons, the PIL is dismissed as not maintainable, DB ordered. JNF