HC rules, we cannot stop Toll collection on National Highways across State

The Madras high court has dismissed a PIL to restrain the National Highways Authority of India (NHAI) from collecting toll across the state during Covid-19 lockdown.

Reiterating the settled legal position that toll fees are not a source of revenue for the state but are compensatory in nature and is collected to reimburse the amount spent on construction of roads, a division bench of Justice M Sathyanarayanan and Justice M Nirmal Kumar issued dismissed a PIL filed by V Munikrishnan.

The PIL petitioner, who is into agricultural operations, said that on account of the nationwide lockdown, the NHAI took a fair decision to stop toll collection for 21 days, which has now been further extended till May 3.

However, taking advantage of the announcement made by the government to lift certain restrictions from April 20, particularly for free movement of essential commodities, NHAI has started levying toll once again, that too at an increased rate, he said.

“On account of the hike in collection of toll fee, prices of essential items have increased,” his counsel E Sathiyaraj said. Opposing the plea, assistant solicitor-general G Karthikeyan submitted that since the levy of toll is having a statutory backing in the form of the National Highways Fee (Determination of Rates and Collection) Rules, it is open to NHAI to collect toll.

The nature of the fee casts a corresponding obligation upon the NHAI to maintain roads properly and ensure free flow of traffic, he added.

Recording the submission, the bench relied on a division bench order of the court and said it had been a well settled legal position that collection of toll could not be construed as source of revenue for the state.

Source Link