A PIL in the Bombay High Court today challenged two notifications of the Centre and Maharashtra government fixing toll rates for the vehicles using old Mumbai-Pune Highway and Mumbai-Pune Expressway respectively.
The PIL would come up for hearing on April 17 before a division bench of the High Court, lawyer Sayaji Nangre said.
The PIL argued that the Central Government Notification dated September 5, 2006, for the old Mumbai-Pune Highway ignored the basic base fee formulae on the basis of which the toll fee was decided.
The toll fee, which is stipulated in the notification is therefore arbitrary and illegal, being contrary to the formulae as described under the rules, the PIL, filed by Nitin Sardesai, MLA and MNS General Secretary and social activist Sanjay Shirodkar, said.
The petitioners argued that the Wholesale Price Index (WPI) is released by the office of the Economic Advisor, Ministry of Commerce and Industry, Government of India and the Index is decided at the end of every financial year i.E., on 31st March of every year.
In the present case, the notification stipulates a toll fee till year 2030, which is contrary to the rules, as it is impossible to forecast the WPI of the future years.
In any case, such an assumptive forecast would not amount to the WPI as fixed by the Ministry of Commerce, on the ending of each financial year i.E., on 31st March of the every year.
Therefore, the Notification stipulating the toll fee till 2030 is contrary to the rules and notification issued by the Government of India, the PIL contended.
Further, the toll has to be collected in view of the toll policy formulated by the Centre and which mandates the inclusion of the WPI and base fee formulae for calculating the revised toll fees. However, the impugned notification of September 5, 2006 ignores this aspect. Hence it is arbitrary and illegal, the PIL contended.
