Kerala High Court
Asharaf Mohammed Alias Asharaf Karla vs Project Director on 13 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
WP(C) NO. 18542 OF 2025
PETITIONERS:
1 ZUBAIR C A
AGED 40 YEARS
S/O ABDULLA MOULAVI, CHIRTHODY HOUSE,
CHIRTHODY,KIDOOR, ICHILAMPADY,
KASARAGOD, PIN - 671321
2 UDAY KUMAR R GATTI
AGED 41 YEARS
S/O RAGHAVA GATTI, R/O VRINDAVANAM,
MAKS VILLA SHANTHIPADAM, KOYIPADY VILLAGE,
MANJESWARAM TALUK, KASARAGOD, PIN - 671321
BY ADVS.
SMT.UMMUL FIDA
SRI.C.IJLAL
SMT.P.PARVATHY
SHRI.MAJID MUHAMMED K.
SHRI.ANANDU R.
RESPONDENTS:
1 THE PROJECT DIRECTOR
NATIONAL HIGHWAY AUTHORITY OF INDIA,
PROJECT-IMPLEMENTATION UNIT, BUILDING NO.3450,
WARD NO.46 "ZAHIRA", NEAR DINESH AUDITORIUM,
CIVIL STATION.P.O, KANNUR., PIN - 670002
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2 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY
PO MADAPPALLY COLLEGE, VATAKARA, KOZHIKODE,
KERALA, PIN - 673102
BY ADVS.
SRI.K.A.SALIL NARAYANAN
SHRI.M.SASINDRAN
SRI. B.G. BIDAN CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 15.07.2025, ALONG WITH WP(C).18764/2025, 19590/2025, THE
COURT ON 13.08.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
WP(C) NO. 18764 OF 2025
PETITIONER:
ABDUL NASSIR
AGED 32 YEARS
S/O. MOOSAKUNHI,GUDAR HOUSE,
BAMBRANA P. O., KASARAGOD,
PIN - 671321
BY ADVS.
SRI.P.K.SUBHASH
SMT.SREELAKSHMI SABU
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1,
PARLIAMENT STREET, NEW DELHI, PIN - 110001
2 NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI)
REPRESENTED BY ITS CHAIRMAN,G-5 & 6, SECTOR-10,
DWARKA, NEW DELHI, PIN - 110075
3 THE PROJECT DIRECTOR
PROJECT IMPLEMENTATION UNIT, KANNUR,
KERALA, PIN - 670002
4 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
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THIRUVANANTHAPURAM, PIN - 695001
5 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY
LTD.
REPRESENTED BY ITS CHAIRMAN,
MADAPPILLY COLLEGE P.O., KOZHIKODE,
PIN - 673103
BY ADVS.
SHRI.BONNY BABY
SHRI.RENJISH S. MENON, CGC
SRI.DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 15.07.2025, ALONG WITH WP(C).18542/2025 AND CONNECTED
CASES, THE COURT ON 13.08.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
WP(C) NO. 19590 OF 2025
PETITIONER:
ASHARAF MOHAMMED ALIAS ASHARAF KARLA
AGED 50 YEARS
S/O HUSSAINAR KARLE HOUSE, NEAR THANGAL VEEDU,
ARIKADY, KASARGODE, KUMBLA, KERALA, PIN - 671321
BY ADVS.
SRI.P.E.SAJAL
SHRI.MUHAMMED HISHAM T.
SMT.FATHIMA RINSHA T.P.
RESPONDENTS:
1 PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI,
PROJECT -IMPLEMENTATION UNIT, BUILDING NO. 3450,
WARD NO.46 'ZAHIRA', NEAR DINESH AUDITORIUM,
CIVIL STATION P.O, KANNUR,, PIN - 670002
2 DISTRICT COLLECTOR
CHAIRMAN OF DISTRICT DEVELOPMENT COMMITTEE,
CIVIL STATION, VIDYANAGAR,
KASARGODE, PIN - 671123
3 URALUNGAL LABOUR CONTRACT CO-OPERATIVE SOCIETY
PO MADAPPALLY COLLEGE, VATAKARA, KOZHIKODE,
KERALA,, PIN - 673102
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4 THE SECRETARY
MINISTERY OF ROAD TRANSPORT & HIGHWAYS,
GOVT. OF INDIA, TRANSPORT BHAVAN ,
NEW DELHI, PIN - 110001
BY ADVS.
SHRI.JOSE ANTONY, CGC
SRI. DHEERAJ A.S., GOVERNMENT PLEADER
SHRI.M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALY HEARD
ON 15.07.2025, ALONG WITH WP(C).18542/2025 AND CONNECTED
CASES, THE COURT ON 13.08.2025 DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) Nos.18542, 18764 and 19590 of 2025
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Dated this the 13th day of August, 2025
JUDGMENT
~~~~~~~~~
The petitioners are before this Court aggrieved
by the decision of the National Highways Authority of India to
construct a Toll Plaza in violation of Rule 8(2) of the National
Highways Fee (Determination of Rates and Collection) Rules,
2008.
2. The petitioners state that they are residents of
Kasaragod Taluk. They have to travel frequently to different
places within the District for their day-to-day affairs. The Project
Director of NHAI has granted tender to the Uralungal Labour
Contract Co-operative Society Limited to carry out the work of
Thalappady-Cherkkala reach of NH-66. The petitioners state
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that 90% of the work is over and what is left is the work related
to service road, foot overbridge and footpath.
3. The petitioners state that in NH-66 at
Thalappady, 1.5 Km. away from the Kerala-Karnataka border,
there is a Toll. The NHAI has directed the Uralungal Labour
Contract Co-operative Society to construct a temporary Toll at
Arikady in Kumbla. The proposed Toll booth at Arikady is
located along the 39 Km. Thalappady-Cherkkala reach being
developed by the 2nd respondent.
4. The petitioners state that construction of a
second Toll Plaza flouts Rule 8(2) of the National Highways Fee
(Determination of Rates and Collection) Rules, 2008. In
Kasaragod, the designated Toll Plaza is at Chalingal near
Periya on the Cherkala-Neeleshwar stretch, exactly 60 Km.
from Thalappady. The proposed Toll Plaza at Kumbla falls
short of 60 Km. condition set by the Rules, 2008. The
establishment of such Toll Plaza is highly illegal and
unsustainable.
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5. The counsel for the petitioners relied on the
judgment of the Hon'ble Apex Court in National Highways
Authority of India and others v. Madhukar Kumar and
others [(2022) 14 SCC 661] and urged that every State action
must be fair, failing which, it will fall foul of mandate of Article 14
of the Constitution of India.
6. Relying on the judgment of the Hon'ble High
Court of Jammu and Kashmir in Sugandha Sawhney v. Union
of India [2025 Supreme (JK) 56], the counsel for the petitioners
urged that as per the National Highways Fee (Determination of
Rates and Collection) Rules, 2008, the spacing between two
adjacent Toll Plazas should be 60 Km. Any other Fee Plaza on
the same section of National Highway and in the same direction
shall not be established within a distance of 60 Km.
7. The National Highways Authority of India
resisted the writ petitions filing counter affidavit. The Standing
Counsel for NHAI submitted that as per the Rules, if the
executing authority deems necessary, it may, for reasons to be
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recorded in writing, establish or allow the Concessionaire to
establish another Fee Plaza within a distance of 60 Km. The
only condition is that prior consent should be obtained for the
same.
8. The Standing Counsel asserted that in the
instant case, necessary approval and sanction for setting up a
temporary Toll Plaza at CH.37+200 have been duly obtained
from the appropriate authority. The permanent Toll Plaza is
planned at chainage 74+140 on the Chengala - Neeleshwaram
Section of NH-66. Since that Section is still under construction
and not operational, the respondent was compelled to establish
a temporary toll facility to collect user fees for the completed
and operational 39 Km. stretch from Thalappady to Chengala.
9. I have heard the learned counsel for the
petitioners, the learned Central Government Counsel, learned
Standing Counsel representing NHAI and the learned
Government Pleader appearing for the State of Kerala.
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10. According to the petitioners, there is a Toll
Plaza at Thalappady, near the Kerala-Karnataka boarder.
Another construction of a new Toll Plaza is currently underway
which is situated approximately 20 Km. away. The location of
the new Toll Plaza is on the Thalappady-Chengala-
Neeleshwaram stretch of NH-66, a major interstate corridor
used daily by thousands of commuters, traders and transport
vehicles. The petitioners would urge that the proposed Toll
Plaza would offend Rule 8(2) of the National Highways Fee
(Determination of Rates and Collection) Rules, 2008.
11. The Central Government, in exercise of the
powers conferred under Section 9 of the National Highways Act,
1956, has framed the National Highways Fee (Determination of
Rates and Collection) Rules, 2008. Rule 8 of the Rules, 2008
relates to location of Fee Plaza. Rule 8 reads as follows:
8. Location of toll plaza -
(1) The executing authority or the
concessionaire, as the case may be, shall establish a
fee plaza beyond a distance of ten kilometers from a
municipal or local town area limits:
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Provided that the executing authority may, for
reasons to be recorded in writing, locate or allow the
concessionaire to locate a fee plaza within a distance
of ten kilometers of such municipal or local town area
limits, but in no case within five kilometers of such
municipal or local town area limits:
Provided further that where a section of the
national highway, permanent bridge, bypass or tunnel,
as the case may be, is constructed within the municipal
or town area limits or within five kilometers from such
limits, primarily for use of the residents of such
municipal or town area, the fee plaza may be
established within the municipal or town area limits or
within a distance of five kilometers from such limits.
(2) Any other fee plaza on the same section of
national highway and in the same direction shall not be
established within a distance of sixty kilometers:
Provided that where the executing authority
deems necessary, it may for reasons to be recorded in
writing, establish or allow the concessionaire to
establish another fee plaza within a distance of sixty
kilometers:
Provided further that a fee plaza may be
established within a distance of sixty kilometers from
another fee plaza if such fee plaza is for collection of
fee for a permanent bridge, by-pass or tunnel.
12. Though Rule 8 mandates that a second Fee
Plaza on the same Section of National Highway and in the
same direction shall not be established within a distance of 60
Km., the first proviso to Rule 8(2) states that where the
executing authority deems necessary, it may for reasons to be
recorded in writing, establish or allow the concessionaire to
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establish another Fee Plaza within a distance of 60 Km.
13. The counter affidavit filed by the Project
Director, NHAI specifically states that necessary approval and
sanction for setting up a temporary Toll Plaza at CH.37+200
has been duly obtained from the appropriate authority by
invoking the proviso to Rule 8(2). The NHAI has given clear
reasons in this regard in Ext.R3(b) office notes evidencing
sanction given by the appropriate authority.
14. In view of the permission granted by the
executing authority for establishment of another Fee Plaza, I do
not find any illegality in starting a second Toll Plaza at the site
now proposed.
The writ petitions therefore fail and they are
hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/11.08.2025
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APPENDIX OF WP(C) 18542/2025
PETITIONER'S EXHIBITS
Exhibit 1 TWO PHOTOGRAPHS OF THE WORK SITE OF THE
PROPOSED TOLL BOOTH AT ARIKADY
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APPENDIX OF WP(C) 18764/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE MEMBER OF PARLIAMENT,
KASARAGORD, DATED 06.05.2025
Exhibit P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
16.05.2025
Exhibit P3 TRUE COPY OF THE NEWS ITEM PUBLISHED BY
NEWS PAPER NAMELY MALAYALA MANORAMA
DATED 04.05.2025
RESPONDENT'S EXHIBITS
Exhibit R3 (a) THE TRUE COPY OF THE SANCTION GIVEN BY
THE APPROPRIATE AUTHORITY FOR SETTING
UP A TEMPORARY TOLL PLAZA AT CH. 37+200
Exhibit R3(b) The true copy of the office notes
evidencing sanction given by the
appropriate authority for setting up a
temporary toll plaza at CH. 37+200.
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APPENDIX OF WP(C) 19590/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE RESOLUTION DATED
03.05.2025
Exhibit P2 A TRUE COPY OF THE LOCAL MP'S
REPRESENTATION BEFORE THE 4TH
RESPONDENT DATED 06.05.2025
Exhibit P3 A TRUE COPY OF THIS REPRESENTATION
SUBMITTED BY PETITIONER DATED
12.05.2025
Exhibit P4 TRUE COPIES OF NEWS REPORTS PUBLISHED
IN MALAYALA MANORAMA AND MATHRUBHUMI
DATED 04.05.2025
RESPONDENT'S EXHIBITS
Exhibit R1A TRUE COPY OF THE DIGITALLY SIGNED
OFFICE NOTE OF THE EXECUTING AUTHORITY
(JASPREET, DY. MGR (PIU, KANNUR)),
DEPUTY MANAGER (T), RO, KERALA,
GENERATED ON 23.6.2025 (FILE NO. KRDIV-
20015/9/2024-PIU KANNUR) COMPUTER
NO.268585.
Exhibit R1B TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 17.6.2025 PUBLISHED IN THE
GAZETTE OF INDIA NO.345 DATED 18.6.2025
Exhibit R1(a) TRUE COPY OF THE SANCTION GIVEN FOR
SETTING UP A TEMPORARY TOLL PLAZA AT
CH. 37+200 VIDE DIGITALLY SIGNED OFFICE
NOTE OF THE EXECUTING AUTHORITY
(JASPREET, DY. MGR (PIU, KANNUR)),
DEPUTY MANAGER (T), RO, KERALA,
GENERATED ON 23.6.2025 (FILE NO. KRDIV-
20015/9/2024-PIU KANNUR) COMPUTER
NO.268585
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