RAKESH AGRAWAL Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner as a Public Interest Litigation (PIL) with the following prayers:

(2.) It is stated that the Petitioner is a regular commuter by car on national highways and thus he has interest in the present matter. It is stated in the petition that since a substantial part of the amount collected by way of toll is being given to the toll operators, huge losses are being suffered by National Highways Authority of India/Respondent No.1 (hereinafter referred to as 'NHAI') which has resulted in deterioration of the quality of services rendered by NHAI and the same has affected and will affect the growth of National Highways in the country.

(3.) The submission of the Petitioner is that Sec. 7 of the National Highways Act, 1956 confers power on the Central Government for levying fees and collection in the manner as laid down in the Rules in this regard. It is stated that Sec. 9 of the National Highways Act, 1956 confers power on the Central Government to frame Rules and in exercise of powers conferred under Sec. 9 of the National Highways Act, 1956, the National Highways Fees (Determination of Rates and Collection) Rules, 2008 (hereinafter referred to as '2008 Rules') have been framed. It is stated that Rule 3 of the 2008 Rules prescribes that the Central Government may by notification, levy fee for use of any Sec. of national highway, permanent bridge, bypass or tunnel forming part of the national highway.