Delhi High Court Directs NHAI to Address Concerns Over Alleged Undue Toll Collection and Toll Plaza Placement Violations

Keywords: Delhi High Court, NHAI, undue toll collection, toll plaza violations, National Highways Fee Rules, PIL, Anand Mishra

Delhi High Court Directs NHAI to Decide on Allegations of Undue Toll Collection and Improper Toll Plaza Installation

In a significant order addressing allegations of undue toll fee collection and improper installation of toll plazas on highways across India, the Delhi High Court has directed the National Highways Authority of India (NHAI) to review and decide on a detailed representation filed by a petitioner within a set timeframe.

The court’s decision came on September 25, 2024, while hearing a Public Interest Litigation (PIL) filed by Anand Mishra, an advocate. The PIL alleged that the NHAI had been unlawfully collecting toll fees on incomplete sections of highways and installing toll plazas in violation of statutory requirements under the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

A bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela disposed of the PIL while providing the petitioner with the option to file a comprehensive representation within two weeks to the NHAI. The court further directed that NHAI must address and dispose of the representation within four weeks, ensuring that the matter is handled in accordance with the law.

The Legal Dispute:

The petitioner, Anand Mishra, argued that the NHAI had violated the provisions of the 2008 Rules, particularly Rule 3(2) and Rule 8(2). Under Rule 3(2), toll collection can only begin 45 days after the completion of a section of a national highway, bridge, or tunnel that was constructed under a public-funded project. The PIL contends that the NHAI has been collecting toll fees from commuters despite certain highway sections being incomplete.

Additionally, Rule 8(2) prohibits the installation of another toll plaza within a 60-kilometer stretch in the same direction on a national highway. The petitioner alleges that this rule has also been flouted, with toll plazas being installed too close to each other, resulting in undue financial burdens on commuters.

Relief Sought by the Petitioner:

The petition urged the High Court to direct the NHAI to strictly comply with the aforementioned rules across India. Furthermore, the petitioner sought the creation of a committee to survey the highways and calculate the total amount of toll fees that had been wrongly collected by violating the rules. The PIL requested that any excess toll fees collected be refunded to the affected commuters.

Court’s Observations:

While disposing of the PIL, the bench did not issue an immediate ruling on the claims of illegal toll collection or improper toll plaza placement. Instead, it allowed the petitioner to submit a more detailed representation to the NHAI for further examination. The court also emphasized that NHAI must decide on the matter within four weeks of receiving the representation, ensuring compliance with the legal framework laid down in the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

Impact on Commuters and Future Legal Action:

This case underscores the legal challenges faced by both the government and public agencies like the NHAI in balancing infrastructure development and the enforcement of toll collection laws. If the petitioner’s allegations are proven, this case could potentially lead to significant financial refunds for commuters and stricter regulation of toll collection practices across India.

The outcome of the representation filed with the NHAI could have far-reaching implications, not only for commuters but also for how infrastructure authorities across the country manage toll fee structures and plaza installations moving forward.

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