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2018 Supreme(Pat) 1340

M.R.SHAH, RAVI RANJAN
ANJU MISHRA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr. Anju Mishra, Advocate.
For the Respondents: Mr. Niraj Kumar Sinha, A.C. to PAAG-2, Mr. S.D. Sanjay, A.S.G. and Mr. Anshay Bahadur Mathur, CGC.

JUDGMENT :

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 a




















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