D. VIDYA SAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners before this Court, who are advocates, have filed the present writ petition by way of Public Interest Litigation stating that they are owners of motor vehicles, they have paid road tax at the time of purchase of the vehicles and the respondents are compelling them to pay toll tax, which is in addition to the lifetime tax paid by the petitioners. The petitioners' contention is that the collection of toll tax at National Highway Toll Booths is a mafia type operation controlled by top rank politicians belonging to the Government in power and therefore, payment of toll tax be declared as illegal and unjust.

(2.) The petitioners have also raised a grievance in respect of non-payment of toll tax by certain dignitaries and the contention of the petitioners is that the exemption from payment of toll tax by certain dignitaries is in violation of Article 14 of the Constitution of India. The petitioners have given certain examples of collection of toll tax at GMR - Vijayawada Expressway. It has been further stated that in and around Hyderabad also, toll tax is being collected and the action of the respondents in collecting toll tax even after seventy two years of Independence in a democratic country deserves to be quashed. The petitioners have prayed for the following relief:-

(3.) The petitioners have subsequently filed Additional Affidavit furnishing a list of officials/dignitaries who are exempted from paying toll tax and the contention of the petitioners is that keeping in view the Report of the Committee of Secretaries on Review of Toll Policy for National Highways submitted to the Government of India in May, 2009, alternative road (toll free road) should be made available to a common man. In the Additional Affidavit, again a prayer has been made for quashment of the system of collecting toll fee on State and National Highways.