The Madras High Court on Tuesday said the NHAI is not expected to be remined about rules and regulations governing levy of toll after the authority submitted free entry to vehicles with political party falgs and VIPs resulted in belated recovery of capital cost.
A bench of Justice M.Sathyanarayanan and Justice R. Hemalatha made the observations during the hearing of PILs which sought to restrain the National Highways Authority of India (NHAI) from collecting any toll on a section of a highway betweeen nearby Tambaram and Tindivanam and 'bad' condition of another NH in Tamil Nadu.
The court said it had been brought to the notice of the court that Rule 11 of National Highway Fee (Determination of rates and collection) Rules 2008 had not been adhered to for the reason that vehicles with party flags as well as VIPs were allowed free entry in toll plazas.
This was resulting in belated recovery of the "so called capital cost" as pleaded by NHAI. However, once the rules and regulations were in place, the statutory authority (NHAI) is not expected to be reminded about the them and they cannot expect any positive order from this court to comply with the statutory provisions, it said.
If they face any difficulty in complying with the rules they are at liberty to file an affidavit so as to enable the court to take a call, the bench added.
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Petitioner A Joseph Sagayaraj, an advocate, contended that NHAI and GMR Tambaram Tindivanam Expressways Private Limited, manning the toll palaza at Paranur and Athur, was entitled to collect only 40 per cent of toll fee since the period of concession agreement was already over.
Additional Solicitor General G Rajagopalan submitted a conjoint reading of relevant rule makes it clear the Built Operate and Transfer (BOT) (Annuity) projects were public funded projects and the NHAI was authorised to collect fee from road users till the entire capital cost of the project was fully recovered.
The bench said while the toll collection rules contemplated reduction of fee at the rate of 40 per cent, the NHAI counter affidavit did not specifically deal with the competence of the authority to collect user fee beyond that.
On upkeep of washrooms on the highways, the court observed that some window dressing appears to have been done with regard only after the interference of the court.
The bench said: "It is well settled legal position of law that the collection of toll is akin to fees and therefore NHAI is under statutory as well as corresponding obligation to provide best service to the road users."
Only when the court started monitoring the issues raised in the PILs, some head-way was being made to satisfy it, the judges said.
The bench posted the matters to March 23.
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