Delhi HC asks NHAI to decide representation over undue highway toll collection

The Delhi High Court has asked the National Highway Authority of India (NHAI) to decide a representation raising the issue of alleged undue toll fee collection and installation of toll plazas on highways across the country.

A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing a PIL on September 25 when it disposed of the petition while allowing the petitioner to file a comprehensive representation with the NHAI within two weeks.

The court said the representation should be disposed of by the authorities within four weeks in accordance with the law.

Petitioner Anand Mishra, a lawyer, said according to the National Highways Fee (Determination of Rates and Collection) Rules, the NHAI is expressly barred from collecting tolls on a semi-built portion of a highway and the toll fee plazas cannot be set up within 60 kilometres.

"The respondent (NHAI) has collected and is still collecting undue money from commuters on highways by levying undue toll…," the plea stated.

The petitioner, therefore, sought a direction from the NHAI to comply with Rules 3(2) and 8(2) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 with immediate effect across India.

The plea further sought a court direction for the NHAI to survey and form a committee to calculate the amount of toll fee collected so far by allegedly flouting these rules and ensure that the collected amount was refunded immediately.

Rule 3(2) prescribes for the collection of fees to start within 45 days of the date of completion of the section of the national highway, permanent bridge, bypass or tunnel, as the case may be, constructed through a publicly funded project.

Rule 8(2), on the other hand, states that any other toll plaza on the same section of the national highway and in the same direction shall not be established within 60 kilometres.

The petitioner had informed the court about giving a representation to the authorities in August but the same was not being acted upon.

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