Extortion from serving Soldiers by Toll Operators in Haryana
Yogander Singh
39017/ YS/ Per/ 2015/ 1 Febuary 2015
Shri Narendra Modi, Hon`ble Prime Minister of India
South Block, Raisina Hill,
New Delhi - 110011
COMPLAINT AGAINST ILLEGAL EXTORTION FROM MEMEBERS OF REGULAR FORCES BY TOLL OPERATER M/S KURUKSHETRA EXPRESSWAY PVT LTD IN CONIVANCE WITH NHAI, MoRTH, GOVERNMENT OF INDIA
One serving Colonel of the Army, which is Regular Force of Union of India, accompanied by his wife was travelling by own car, which is registered in his name. On return journey at around 3.30 PM on 30/ 01/ 2015 they arrived at Toll Plaza located at KM – 430 on NH – 71 near a village named Gangaich in Rewari District of Haryana. This toll plaza is operated by M/s Kurukshetra Expressway Private Limited, SCO – 3, First Floor, Brass Market, Rewari (Haryana) (called Concessionaire hereinafter). I was asked to pay Rs. 65/- (Rupees Sixty five only) as toll for single journey by his car. The officer drew attention of staff toward Indian Tolls (Army and Air Force) Act 1901, which exempts officers, soldiers and airmen of regular forces of India from toll while travelling in private vehicle even if the officer, soldier or airman happens to be off duty’. Operative provisions of said act is tabulated below.
Section of Indian Tolls (Army and Air Force) Act, 1901
Applicability
Section of Indian Tolls (Army and Air Force) Act, 1901
Applicability
Section 3 (a)
Officers and Other Rank of Regular Forces (Army, AF and Navy) irrespective of individual being on or off duty.
Section 3 (b)
Officers and Other Rank of Territorial Army and NCC only when on duty.
Section 3 (c)
Members of Indian Reserve Forces. Only when called out for training or mobilised.
Other Sub Sections
Applicable to camp followers and animals of exempted personnel. Only when accompanying them on military orders.
However the Manager of Toll Plaza refused to obey the law and held the officer and his wife captive for nearly an hour and released us only after he paid the toll of Rs. 65/- (Rupees Sixty five only) as demanded by him (Copy of Toll Reciept attached as Appx A). He and his staff threatened the couple with dire consequences if they failed to pay up. Toll Operator cited an Office Memo No. H-24030/ 32/ 2014 (Toll) dated 17/ 06/ 2014 signed by Shri NK Sharma, Director (Tolls), National Highways Authority of India (called NHAI hereinafter) as authority. Copy attached as Appx B. The officer's plea to be taken to Police were denied. Even his own attempts to make police intervene were not successful as SSP Rewari did not take his call and her office responded by siding with the Toll Operator and claimed that just like constabulary the soldiers are also exempt from toll only if on duty.
It is submitted that MoRTH had vide Letter No. NH – 12037/ 278/ 2003/ PB/ NH – 1 dated 12/ 11/ 2003 (Appx C) which was issued by previous NDA Government had made it amply clear that:-
“Ministry of Law and Justice have indicated that Indian Tolls (Army and Air Force) Act 1901 is a special Act which over rides general acts such as National Highways Act, 1965 and private vehicles of the officers, soldiers and airmen of regular forces are exempted from paying toll irrespective of whether they are on duty or not”.
It is understood that this well considered position of the MoRTH had remained in force since then till overturned by impugned Office Memo dated 17/ 06/ 2014, which is contrary to the decision of Division Bench of the Hon`ble Supreme Court of India delivered on 03/ 09/ 2006 in SLP 15419 of 2006 which had challenged decision of Hon`ble High Court of Punjab and Haryana dismissing Civil Writ Petition 8508 of 2006. The Hon`ble High Court of Punjab and Haryana had held that private vehicles of the officers, soldiers and airmen of regular forces are exempted from paying toll irrespective of whether they are on duty or not and this was upheld by the Hon`ble Supreme Court of India. Hence Shri NK Sharma, Director (Tolls), NHAI had no reason to issue impugned Office Memorandum and only reasonable inference that can be drawn is that said office memorandum is solely aimed at allowing illegal benefits to Concessionaire at the cost of patriotic and honest officers, soldiers and airmen of regular forces of India.
Prayers
Your good self is requested the following:-
Immediately cancel Office Memo No. H-24030/ 32/ 2014 (Toll) dated 17/ 06/ 2014 signed by Shri NK Sharma, Director (Tolls), NHAI.
Direct SSP Rewari to register complaint against Manager Toll Plaza KM – 430, on NH – 71 for illegally detaining and holding hostage the officer and his wife for nearly an hour on 30/ 01/ 2015.
Direct MoRTH to take time bound strict action against officials who failed in their duty to up hold law of the land and impose penalty on Concessionaire for illegally detaining, humiliating the officer and his wife and extorting money.
Suitable punishment to Shri NK Sharma for contempt of the court and embarrassment to the Government.
(Yogander Singh)
39017/ YS/ Per/ 2015/ 1 Febuary 2015
Shri Narendra Modi, Hon`ble Prime Minister of India
South Block, Raisina Hill,
New Delhi - 110011
COMPLAINT AGAINST ILLEGAL EXTORTION FROM MEMEBERS OF REGULAR FORCES BY TOLL OPERATER M/S KURUKSHETRA EXPRESSWAY PVT LTD IN CONIVANCE WITH NHAI, MoRTH, GOVERNMENT OF INDIA
One serving Colonel of the Army, which is Regular Force of Union of India, accompanied by his wife was travelling by own car, which is registered in his name. On return journey at around 3.30 PM on 30/ 01/ 2015 they arrived at Toll Plaza located at KM – 430 on NH – 71 near a village named Gangaich in Rewari District of Haryana. This toll plaza is operated by M/s Kurukshetra Expressway Private Limited, SCO – 3, First Floor, Brass Market, Rewari (Haryana) (called Concessionaire hereinafter). I was asked to pay Rs. 65/- (Rupees Sixty five only) as toll for single journey by his car. The officer drew attention of staff toward Indian Tolls (Army and Air Force) Act 1901, which exempts officers, soldiers and airmen of regular forces of India from toll while travelling in private vehicle even if the officer, soldier or airman happens to be off duty’. Operative provisions of said act is tabulated below.
Section of Indian Tolls (Army and Air Force) Act, 1901
Applicability
Section of Indian Tolls (Army and Air Force) Act, 1901
Applicability
Section 3 (a)
Officers and Other Rank of Regular Forces (Army, AF and Navy) irrespective of individual being on or off duty.
Section 3 (b)
Officers and Other Rank of Territorial Army and NCC only when on duty.
Section 3 (c)
Members of Indian Reserve Forces. Only when called out for training or mobilised.
Other Sub Sections
Applicable to camp followers and animals of exempted personnel. Only when accompanying them on military orders.
However the Manager of Toll Plaza refused to obey the law and held the officer and his wife captive for nearly an hour and released us only after he paid the toll of Rs. 65/- (Rupees Sixty five only) as demanded by him (Copy of Toll Reciept attached as Appx A). He and his staff threatened the couple with dire consequences if they failed to pay up. Toll Operator cited an Office Memo No. H-24030/ 32/ 2014 (Toll) dated 17/ 06/ 2014 signed by Shri NK Sharma, Director (Tolls), National Highways Authority of India (called NHAI hereinafter) as authority. Copy attached as Appx B. The officer's plea to be taken to Police were denied. Even his own attempts to make police intervene were not successful as SSP Rewari did not take his call and her office responded by siding with the Toll Operator and claimed that just like constabulary the soldiers are also exempt from toll only if on duty.
It is submitted that MoRTH had vide Letter No. NH – 12037/ 278/ 2003/ PB/ NH – 1 dated 12/ 11/ 2003 (Appx C) which was issued by previous NDA Government had made it amply clear that:-
“Ministry of Law and Justice have indicated that Indian Tolls (Army and Air Force) Act 1901 is a special Act which over rides general acts such as National Highways Act, 1965 and private vehicles of the officers, soldiers and airmen of regular forces are exempted from paying toll irrespective of whether they are on duty or not”.
It is understood that this well considered position of the MoRTH had remained in force since then till overturned by impugned Office Memo dated 17/ 06/ 2014, which is contrary to the decision of Division Bench of the Hon`ble Supreme Court of India delivered on 03/ 09/ 2006 in SLP 15419 of 2006 which had challenged decision of Hon`ble High Court of Punjab and Haryana dismissing Civil Writ Petition 8508 of 2006. The Hon`ble High Court of Punjab and Haryana had held that private vehicles of the officers, soldiers and airmen of regular forces are exempted from paying toll irrespective of whether they are on duty or not and this was upheld by the Hon`ble Supreme Court of India. Hence Shri NK Sharma, Director (Tolls), NHAI had no reason to issue impugned Office Memorandum and only reasonable inference that can be drawn is that said office memorandum is solely aimed at allowing illegal benefits to Concessionaire at the cost of patriotic and honest officers, soldiers and airmen of regular forces of India.
Prayers
Your good self is requested the following:-
Immediately cancel Office Memo No. H-24030/ 32/ 2014 (Toll) dated 17/ 06/ 2014 signed by Shri NK Sharma, Director (Tolls), NHAI.
Direct SSP Rewari to register complaint against Manager Toll Plaza KM – 430, on NH – 71 for illegally detaining and holding hostage the officer and his wife for nearly an hour on 30/ 01/ 2015.
Direct MoRTH to take time bound strict action against officials who failed in their duty to up hold law of the land and impose penalty on Concessionaire for illegally detaining, humiliating the officer and his wife and extorting money.
Suitable punishment to Shri NK Sharma for contempt of the court and embarrassment to the Government.
(Yogander Singh)
posted by Yogi at 5:42 AM
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