Delhi HC directs NHAI to address concerns over excessive toll collection

16 Oct 2024 CW Team

The Delhi High Court has instructed the National Highway Authority of India (NHAI) to review a representation regarding the alleged excessive collection of toll fees and the installation of toll plazas on highways nationwide. During a hearing on September 25, a bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela disposed of a public interest litigation (PIL), allowing petitioner Anand Mishra to submit a detailed representation to the NHAI within two weeks.

The court mandated that the NHAI respond to the representation within four weeks, following legal guidelines.

Mishra, a lawyer, argued that according to the National Highways Fee (Determination of Rates and Collection) Rules, the NHAI is prohibited from collecting tolls on partially completed highway sections, and toll plazas cannot be established within 60 kilometers of each other. He claimed that the NHAI has unlawfully collected excessive tolls from commuters.

The petitioner requested that the NHAI immediately comply with Rules 3(2) and 8(2) of the National Highways Fee Rules, 2008, across the country. He further sought a court order for the NHAI to conduct a survey and form a committee to assess the toll amounts collected in violation of these rules, with a directive to refund the excess fees promptly.

Rule 3(2) stipulates that toll collection can only commence within 45 days after the completion of a section of the national highway, permanent bridge, bypass, or tunnel funded by public projects. Rule 8(2) prohibits the establishment of additional toll plazas within 60 kilometers along the same highway section.

Mishra informed the court that he had submitted a representation to the authorities in August, but no action had been taken.

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