NEW DELHI: In a surprise development in the toll tax case concerning the truck operators the union government did not take any stand on the issue of the constitutionality of the tax and staying its collection by various state governments. Its senior advocate YV.G Mahajan told vacation judge Justice MIN Venkatachalliah who refused to grant recently on any stay of the levy of the tax that it is battle between the truck operators associations and the stats. On July 6 the union government had supported the truck associations by stating that the levy was unconstitutional It was after this that the associations had called off their nation-wide strike This development took place with the union government replacing it is additional solicitor-general Altaf Ahmed who appeared on July 6 with senior advocate V.CMahajan Ahmed was present in the court for other cases but did not appear in this case. So in conspicuous was the union governments presence that Justice Venkatachalliah initially remarked that the “Center is significantly absent after having acted as a catalyst.” When later the court master pointed out to him that Mahajan was representing the Center the judge remarked “Mahajan has taken a back seat” Mahajan then got up to tell the judge “it’s a battle between them” that is the truck operators and the State governments after hearing Rajinder Sachar for Orissa Kapil Sibal for Haryana and the advocate -general B.P. Agarwal for Rajasthan oppose the challenge by the truck operators Justice Venkatachalliah fixed July 30 for deciding upon the stay. The judge told
The truck operators that the problem with the grant of the stay would be if the levy is ultimately held to be constitutional as then it would be impossible to recover it from the truck owners.
Article extracted from this publication >> July 24, 1992
