Validation of levy of tolls on certain bridges during a certain period.
(1) Notwithstanding any judgment, decree or order of any
court, all tolls levied or purporting to have been levied during the
period beginning with the 22nd of March, 1963, and ending on the
2nd day of December, 1968, under the U.P. Government notification
no. 2662-C/XXIII-PWA-133-C-1960, dated 22nd march, 1963, issued
under section 2 of the Indian Tolls Act, 1851, in respect of bridges
notified, from time to time, under paragraph 2 of the U.P.
Government notification no. 5495(3)-C/XXIII-PWA-217-C-1953,
dated 1st November, 1956, issued under section 2 of the said Act
shall be deemed to have been lawfully levied as if the said bridges
had been notified under paragraph 2 of the first mentioned
notification on the 22nd March, 1963; and accordingly,-
(a) no suit or other proceeding shall be maintained or continued
in any court for the refund of any toll levied or recovered from
any person as aforesaid in respect of any such bridge; and
(b) no court shall enforce a decree or order directing the refund
of any toll paid by any person in respect of any such bridge
before the commencement of this Act.
(2) For the removal of doubts it is hereby declared that nothing in
sub-section (1) shall be construed as preventing any person from
claiming refund of any toll paid by him in respect of any such bridge
in excess of the amount that would have been due from him if the
bridge had been duly notified on the 22nd day of March, 1963, under
the first mentioned notification.