Delhi HC directs NHAI to take up plea on 'excess toll'

The petitioner requested that the NHAI establish a committee to review the toll fees collected to date and refund any amounts collected in violation of the rules.
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NEW DELHI: The Delhi High Court has instructed the National Highway Authority of India (NHAI) to consider a formal representation challenging the alleged excessive toll collection and unauthorised establishment of toll plazas on highways across the country.

This comes after a bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela was hearing a Public Interest Litigation (PIL) and decided to close the case. However, the petitioner was granted permission to submit a detailed representation to the NHAI within two weeks. The court further directed the NHAI to resolve the issues raised in the representation within four weeks, following legal procedures.

Anand Mishra, a lawyer, and the petitioner, argued that the National Highways Fee (Determination of Rates and Collection) Rules prohibit toll collection on incomplete highway sections. The rules also mandate that toll plazas should not be set up within 60 kilometres of one another. Mishra claimed that NHAI has been collecting unwarranted toll fees from commuters by disregarding these rules.

The petitioner urged the court to enforce compliance with Rule 3(2) and Rule 8(2) of the 2008 National Highways Fee Rules nationwide. He also requested that the NHAI establish a committee to review the toll fees collected to date and refund any amounts collected in violation of the rules.

Rule 3(2) specifies that toll collection should begin only 45 days after the completion of a highway section or infrastructure project funded publicly. Rule 8(2) prohibits the setup of additional toll plazas on the same highway stretch within 60 kilometers.

The petitioner highlighted that he had previously submitted a representation to the authorities in August but has yet to receive a response. The court has now directed the NHAI to address these concerns promptly.

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