“Decide Representation Over Undue Toll Collection On Highways”: Delhi HC To NHAI

The Delhi High Court has directed the National Highway Authority of India to address a representation concerning the alleged improper collection of toll fees and the installation of toll plazas on highways across the country.

During a hearing on September 25, a bench consisting of Chief Justice Manmohan and Justice Tushar Rao Gedela disposed of a Public Interest Litigation while permitting the petitioner, Anand Mishra, a lawyer, to submit a detailed representation to the NHAI within 2 weeks.

The court mandated that the NHAI respond to this representation within four weeks, in accordance with the law.

Mishra contended that, under the National Highways Fee (Determination of Rates and Collection) Rules, the NHAI is prohibited from collecting tolls on semi-built portions of highways and cannot establish toll plazas within a 60-kilometer radius of one another.

His petition claimed, “The respondent (NHAI) has collected and is still collecting undue money from commuters on highways by levying undue toll.”

The petitioner sought a directive for the NHAI to comply immediately with Rule 3(2) and Rule 8(2) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, across India.

Additionally, he requested the formation of a committee to survey the toll fees collected in violation of these rules and to ensure that any undue amounts are refunded promptly.

Rule 3(2) specifies that toll fees can only be collected starting 45 days after the completion of a section of a national highway, a permanent bridge, bypass, or tunnel constructed through a publicly funded project. Meanwhile, Rule 8(2) prohibits the establishment of any additional toll plaza on the same section of national highway and in the same direction within 60 kilometers.

Mishra informed the court that he had previously submitted a representation to the authorities in August, but it had not been acted upon.

The court’s decision marks a significant step toward addressing these concerns and ensuring compliance with the relevant regulations governing toll collection.

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