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The Telangana High Court last week dismissed a Public Interest Litigation (PIL) urging the court to declare 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.

The advocates had contended that in absence of alternate roads (toll-free roads), common people are forced to use only highways and pay huge amounts as toll taxes in addition to the road tax paid during the vehicle purchase under the guise of facilitating the raising of additional sources for the development of Highways.

Objection to non-payment of toll tax by certain dignitaries was also raised by the petitioner advocates stating that the exemption from payment of toll tax by certain dignitaries is in violation of Article 14 of the Constitution of India.

Thus, petitioners had prayed the court to declare government’s this act illegal and arbitrary and consequently to struck down the collection of toll system or collection of life tax from the citizens of this country.

However, refuting petitioners’ contentions, a division bench comprising Chief Justice Satish Chandra Sharma and Justice N. Tukaramji held that the actions of the National Highways Authority of India (NHAI) are in consonance with the National Highways Act, 1956 and rules framed thereunder.

Court observed, “statutory provision of law empowers the NHAI to enter into an agreement with any person in relation to the development and maintenance of the whole or part of a National Highway.”

“It also empowers any person, with whom such agreement has been entered into, to collect and retain fees for services or benefits rendered by him as the Central Government may provide by Notification,” court added.

Therefore, pointing out that the petitioners had not challenged the constitutional validity of Section 8A of the National Highways Act, 1956 (Power of Central Government to enter into agreements for development and maintenance of National Highways) or rules thereunder, court opined that therefore, it cannot interfere in the matter.

Court further noted that the Karnataka High Court in the case of Narasimha Vasudeva Mahale had held that the exemption from the toll tax is granted to high dignitaries as a policy matter keeping in view various factors like security etc.

Significantly, on the issue of non-availability of toll-free alternate route, court highlighted that service roads are available adjoining the various Highways and short distance travelers can freely avail the facility of service roads.