EAGLE DEEP TRICHY BYE PASS TOLLWAYS INDIA PVT , LTD Vs. PRINCIPAL SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF TAMIL NADU; MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI) LTD

JUDGEMENT

(1.) In this writ petition, the petitioner, who is a concessionaire to operate the Toll Plaza in the Trichy Bye Pass Road to Tovarankurichi-Madurai Section of NH-45B, has sought for a writ of mandamus to direct the respondents 2 to 8 to pay the statutory toll fees arrears of Rs.4,14,47,676/- as on 31.03.2014 with 14% interest per annum till the date of actual payment and to pay the toll fee regularly in future.

(2.) The case of the petitioner is that pursuant to an agreement, dated 21.02.2013, they took charge of the project site on 03.06.2013. Being a concessionaire, the petitioner on it's own costs and expenses arranged to procure finance in order to undertake the operations and maintenance of the project highway at an estimated cost of Rs.64 Crores.

(3.) In terms of Clause 21.1 of the agreement entered into between the petitioner and the ninth respondent National Highways Authority of India (hereinafter it may be referred to as 'NHAI'), the petitioner is required to pay a sum of Rs.82.26 Crores towards concession fee for the period 2013-2014 and for the subsequent period the concession fee shall be determined by increasing the amount by 10% every year. By virtue of Clause 22.1.1 of the agreement, the petitioner has got the sole and exclusive right to demand and collect appropriate fee from the users of the project highway in accordance with the agreement and the National Highways Fee (Determination of Rates and Collection) Rules, 2008 read with National Highways Fee (Determination of Rates and Collection) amended Rules, 2010, (hereinafter it may be referred to as 'the Rules') published vide notification, dated 12.01.2011 and the subsequent amendment during 2011, notified on 12.10.2011.