ORDER :

1. This appeal by the National Highways Authority of India¹[“NHAI”, for short.], through its Chairman and the Project Director, PIU, impugns the judgment dated 05.04.2016, whereby the writ petition filed by respondent No. 1, Arvind Kumar Thakur, was allowed with a direction that the appellant, NHAI, will not levy and collect any fee from the users at Runni Toll Plaza on Muzaffarpur-Sonbarsa section of National Highway-77 with effect from 07.07.2015. It was further directed that the appellant, NHAI, shall not levy any fee in exercise of its power under Rule 3(1) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008²[“2008 Rules”, for short.] till completion of the project.

2. Our attention has been drawn to Rule 3(1) of the 2008 Rules, which refers to the section of the national highway being complete and, thereupon, the highway users can be asked to pay the prescribed fee by way of toll. The expression “section of national highway” has not been specifically defined in the National Highways Act, 19563 or the 2008 Rules. However, in the context of the present case, we need not go into the said aspect. The aforesaid issue is left open.

3. Our attention