The collection of toll fees and the exemption for government vehicles under the National Highways Act and the Fee Rules is valid and serves the larger public interest.

Mukesh R. Shah, J.

The present public interest litigation-writ petition has been filed by the petitioner for an appropriate writ/order directing the respondent authorities to exempt the private cars/four wheelers from paying any toll fee at the toll plazas erected under the Authority of National Highways Authority of India as well as State Toll Booths across the State of Bihar. It is further prayed for appropriate writ/order directing the respondent authorities not to extend any exemption to the vehicle of the Central Government or the State Government on duties and collect toll from them if these vehicles are not discharging any work related to NHAI, in terms of Section 11(1)(b)(v) of the National Highways Fees (Determination and Collection ) Rules, 2011.

2. Mrs. Anju Mishra, learned Advocate, who has appeared as party in person, has vehemently submitted that when a vehicle is purchased, vehicle tax and road tax is already paid and, therefore, the fees levied on toll tax is arbitrary and illegal. It is further submitted that apart from the taxes paid, the purchaser has to pay annual insurance which also is hefty and, therefore, the fees levied on the toll tax may have an additional financial burden upon the vehicle owners.

2.1. It is the case of the petitioner that National Highways Authority of India constructs and maintains the highways by entering into an agreement with the concessionaire, who, in turn, erects toll plazas to collect the toll from the users as per Section 8-A of the NHAI Act, 1956. It is submitted that such concessionaires are purely business people and they devise everything to suit their business needs and to mint money out of the whole transaction.

2.2. It is further submitted by the petitioner that keeping a small car/four wheeler is not luxury any more and it has become an acute need. It is further submitted that there must be a reasonable classification between the small four wheelers and commercial vehicle.

2.3. It is further submitted on behalf of the petitioner that the situation becomes grim as the National Highways Authority of India toll collected from the private cars in the State of Bihar is highest in the country i.e. Rs. 100 to 150 and so on.

2.4. It is further submitted on behalf of the petitioner that even the toll plazas are erected at much frequency and many times in the state of Bihar for covering a distance of 150 Kilometers, three toll plazas have to be crossed. It is further submitted on behalf of the petitioner that by virtue of Section 11(1)(b)(v) of the National Highways Fees (Determination of Rates and Collection) Rules, 2008, the vehicle used for official purposes by the Government organizations for inspection, survey, construction and operation of the National Highways and maintenance thereof only shall be exempted from paying any toll otherwise toll have to be collected from them. It is further submitted that on one hand the NHAI concessionaire collects exorbitant fees from the .. and on the other hand the Central Government and the State Government vehicles on duty are given blanket exemption. It is submitted that therefore the blanket exemption granted to Central and State Government's vehicle deserves to be set aside.

3. The present petition is vehemently opposed by Niraj Kumar Sinha, A.C. to Principal Additional Advocate General-2, appearing on behalf of the respondents-State and Mr. S.D. Sanjay, learned Additional Solicitor General, appearing on behalf of respondent-Union of India.

3.1. Mr. S.D. Sanjay, learned A.S.G. appearing on behalf of respondent Nos. 1 and 2 has vehemently submitted that levy of toll at the toll plazas and the exemption to the vehicle of the Central Government or the State Government on duty is absolutely in consonance with the provisions of the Act and the Rules and also in the larger public interest. It is submitted that the levy of toll at the toll plaza is a policy decision and, more particularly, to maintain the roads motorable and the same s