BENGALURU: The Karnataka High Court has sought a response from the National Highways Authority of India (NHAI) as to why non-commercial vehicles, including those belonging to advocates and farmers, should not be made exempt from paying toll on highways. The court was hearing a public interest litigation filed by the Karnataka State Advocates' Association Federation and the Advocates' Association Bengaluru.
The petitioners have contended that advocates are the champions/defenders of the rule of law, and that it is aptly said that in justice delivery system, advocates and judges are the two wheels of the same chariot. After hearing the petition, a division bench of Chief Justice Dinesh Maheshwari and Justice S Sujatha sought response from the NHAI.
The petition, which seeks exemption from toll for the above categories, also requested a revamp of the toll system, stating that it was without authority of law. The petitioners have contended that when public servants are exempted from paying toll, there is no reason why advocates should not be exempted as they too form a part of the system. The entire exercise of the Central government in imposing fee at toll gates on non-commercial users is unreasonable, they argued.
The petitioners said that courts have been established at the taluk and district levels, and there are three benches of high courts -- in Bengaluru, Dharwad and Kalaburagi. These three are well connected by national highways.
"Imposition of shackles for the user of the roads may not provide free and uninterrupted access to the courts, and this by itself is an impediment in performing their duties." they said.
'Unreasonable step'
"Privatisation of roads is an unreasonable step. Providing infrastructure is a basic duty, which cannot be privatised and taxed upon the citizens despite collecting 8 per cent infrastructure cess per litre of diesel or petrol under the provisions of the Central Road Cess Fund Act, 2000. The amount would be running into lakhs of crores of rupees for all this time," the petitioners said.
Exemption for farmers
“For farmers, some element of relaxation is available for movement of tractors and bullock-carts where there is no alternative or service road. But farmers or local non-commercial users face an uphill task to claim this relaxation. Therefore, permanent exemption needs to be granted to farmers or to all categories of persons as long as they come within the definition of non-commercial users,” the petitioners said.