Case Note & Summary
The Bombay High Court dismissed a batch of public interest litigations and writ petitions challenging the collection of toll on national highways passing through municipal corporation limits in Maharashtra. The petitioners, including residents and local commuters, contended that toll plazas located within municipal limits were illegal under the National Highways Act, 1956 and the National Highways Fee (Determination of Rates and Collection) Rules, 2008. They argued that the absence of alternative roads for short-distance users made the toll collection arbitrary and violative of Article 14 of the Constitution. The court examined the relevant provisions, particularly Sections 7 and 8A of the National Highways Act and Rule 9 of the 2008 Rules. It held that there is no statutory prohibition against locating a toll plaza within municipal limits; the Act only requires that the plaza be on a national highway. Regarding the alternative road, the court interpreted Rule 9 to apply only when a new highway is constructed and an existing alternative road is available; it does not mandate providing an alternative road for every toll plaza. The court further observed that toll is a fee for the use of the highway, and users have the option to use alternative routes if available. The petitions were dismissed as devoid of merit, with no order as to costs.
Headnote
A) Constitutional Law - Public Interest Litigation - Maintainability - PIL challenging toll collection on national highways - Petitioners sought direction to remove toll plazas within municipal limits and to provide alternative roads - Court held that PIL is maintainable but dismissed on merits as no illegality found (Paras 1-10) B) National Highways Act, 1956 - Sections 7, 8A - Toll Plaza Location - Whether toll plaza within municipal limits is illegal - Court held that there is no prohibition under the Act or Rules for locating toll plaza within municipal limits; the Act only requires that the plaza be on a national highway (Paras 11-20) C) National Highways Fee (Determination of Rates and Collection) Rules, 2008 - Rule 9 - Alternative Road - Whether toll plaza must provide alternative road for local users - Court held that Rule 9 does not mandate an alternative road for every toll plaza; it applies only when a new highway is constructed and an alternative road exists; no such requirement for existing highways (Paras 21-30) D) Constitutional Law - Article 14 - Reasonableness of Toll - Whether toll collection without alternative road is arbitrary - Court held that toll is a fee for use of highway; users have choice to use alternative routes; no violation of Article 14 (Paras 31-40)
Issue of Consideration
Whether toll plazas on national highways within municipal corporation limits are illegal and whether toll collection without providing alternative road for local users is arbitrary
Final Decision
All petitions dismissed; no order as to costs
Law Points
- Toll collection on national highways is governed by National Highways Act
- 1956 and National Highways Fee (Determination of Rates and Collection) Rules
- 2008
- Toll plaza within municipal limits not prohibited
- No requirement of alternative road for short distance users
- Rule of harmonious construction applied
