Case Note & Summary
The dispute arose from the construction of a toll plaza at 194 km of NH30 in Bihar, which was challenged by the writ petitioners, comprising local residents. They filed Writ Petition No. 5643 of 2012 seeking to restrain the construction, arguing it violated Rule 8 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008. The learned Single Judge allowed the writ petitions, directing the NHAI to shift the toll plaza to a location that would not impose toll on residents using the old highway. The appellants, including the NHAI and its officials, filed a Letters Patent Appeal against this decision. The Division Bench upheld the Single Judge's ruling, emphasizing that the toll plaza's location did not primarily serve local residents and violated statutory requirements. The court found that the NHAI had not adequately justified the toll plaza's location within municipal limits and that the decision prioritized commercial viability over public interest. The court reiterated the need for the executing authority to provide written reasons for such decisions, particularly when they affect local residents. Ultimately, the court confirmed the need for compliance with Rule 8, which mandates that toll plazas should not be established within 10 km of municipal limits unless justified, and directed the NHAI to relocate the toll plaza accordingly.
Headnote
A) Administrative Law - Judicial Review - Statutory Compliance - National Highways Fee (Determination of Rates and Collection) Rules, 2008, Rule 8 - The court held that the construction of the toll plaza at 194 km violated Rule 8 as it was not primarily for the use of local residents and imposed toll on those using the old NH30. The executing authority failed to provide reasons for the location of the toll plaza within municipal limits, which was necessary under the rules (Paras 11-12).
Issue of Consideration
Whether the construction of a toll plaza at 194 km of NH30 violated Rule 8 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008.
Final Decision
The Supreme Court upheld the decision of the learned Single Judge, confirming that the toll plaza's location violated Rule 8 of the National Highways Fee Rules and directed the NHAI to relocate the toll plaza.
Law Points
- National Highways Fee Rules
- construction regulations
- municipal limits
- toll plaza location
- public interest
- judicial review
