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The Allahabad High Court at Lucknow bench today dismissed a Public Interest Litigation plea pertaining to non-maintenance of National Highway from Lucknow to Kanpur despite a regular collection of hefty amounts as toll tax. The petitioner had alleged that instead of utilizing the collected amount for maintenance of the highway, the Central Government is spending it for giving free-ration, waiving loans, etc.

The bench of Chief Justice Rajesh Bindal and Justice Jaspreet Singh dismissed the plea stating that the allegations averred and directions sought in the plea were of general nature. Court said, "Road maintenance is a continuous process, without specific allegations anyone can come to court after each 3-4 months."

One Amitabh Pratap Singh through Advocate Brijesh Kumar Singh had filed this plea in the year 2014. The plea reads that despite the fact that the cost of construction of the national highway has already been realized in the year 2011 the Central Government continues collecting the toll-tax in an arbitrary manner. 

The plea alleged that "there are so many ditches and pits on the Lucknow-Unnao route...If the Authority cannot maintain the highway, it has no right to permit the Toll plaza."

It has been further averred in the plea that no person can be compelled to go through only the National Highway and the States are duty-bound to construct parallel routes, however, in the State of Uttar Pradesh, due to non-availability of such routes, the public is being forced to use the National Highway and to pay hefty toll fees to the National Highway Authority of India (NHAI).

Additionally, before coming to Court, the petitioner had also filed a representation before the authorities in December 2013 but to no avail.

Therefore, alleging that though the National Highways Fee (Determination of Rates and Collection) Rules, 2008 prescribe for maintenance of the road the authorities are not doing the same, the petitioner had sought Court's intervention.

Along with the direction for removal of the Toll Plaza at Nawabganj, District Unnao, the petitioner had also sought Court's direction to the Department of Road Transport & Highways (Union Government) and NHAI to repair the National Highway between Lucknow and Kanpur. The petitioner had also demanded constitution of a High-Level Inspection Committee for inspection of the highway between the two citites.

Notably, last month, the Telangana High Court also dismissed a PIL urging the court to declare the National Highway toll tax system illegal and unjust. The petitioners, two advocates, had alleged that toll tax is a mafia-type operation run by the top politicians who keep themselves and alike exempted.

Case Title: Amitabh Pratap Singh v. Union of India and Others