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| HC dismisses PIL seeking declaration of Sarore Toll Plaza as illegal | | | Early Times Report
Jammu, Oct 27: A Division Bench of the Jammu & Kashmir and Ladakh High Court, comprising Chief Justice N. Kotishwar Singh and Justice Moksha Khajuria Kazmi, has dismissed a Public Interest Litigation (PIL) seeking the declaration of the Sarore Toll Plaza as illegal. The basis of the petition was that the establishment of this toll plaza violated provisions of the law.
The PIL was filed by Sanjeev Kumar Sareen, who sought to have the Sarore Toll Plaza declared illegal due to alleged violations of the law. However, the court rejected the PIL, citing the principle of constructive res judicata. This principle holds that a matter that has been previously adjudicated upon cannot be relitigated.
The court's decision referred to a previous PIL (No. 59/2019) filed by Satam Arora and others that challenged the establishment of the same Toll Plaza at Sarore and sought its relocation. The court had dismissed this earlier PIL on October 6, 2020, stating that decisions related to toll plaza locations are policy matters that require consideration of multiple factors, and that the court lacks the expertise to evaluate them.
Given that the subject of the recent PIL was essentially the same – the establishment of the Sarore Toll Plaza on the Jammu-Pathankot Highway – but with the ground of challenge being violations of the law, the court ruled that it was not maintainable due to the principle of constructive res judicata. Therefore, the PIL was dismissed.
This decision reaffirms the court's stance on the matter and is a significant development in the ongoing legal proceedings regarding the Sarore Toll Plaza. |
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