( 1 ) THE present petition has been preferred for declaration that the provisions of the National Highways (Rate of Fees) rules, 1997 and the National Highways (Fees For the Use of National Highways section and Permanent Bridge - Public funded Project), Rules, 1997 are violative of and beyond the provisions of the National highways Act, 1956 and for further declaration that the levy of fees permanently made and sought to be made under the aforesaid Rules for Sarkhej Bridge constructed on Sabarmati river at National highway No. 8-A at K. M. 4/100 to 5/400 is bad in the eye of law and hence the respondents are not entitled to collect the same.

( 2 ) LEARNED advocate for the petitioner submitted that the respondents are collecting the fees for the use of Sarkhej bridge constructed on Sabarmati river, near vishala Hotel, Ahmedabad in violation of the provisions of the National Highways Act, 1956 (hereinafter referred to as "the Act, 1956") and the Rules framed thereunder for collection of the fees, are de-hors, the provisions of the National Highways Act, 1956. It is also submitted by the learned advocate for the petitioner that as per section 7 of the Act, 1956, the Central government may levy the fees at such rates which may be laid down by the Rules, for the services or benefits rendered in relation to the use of the permanent bridges. Sarkhej bridge in question is a permanent bridge, within the meaning of rule 2 (j) of the National Highways (Fees for the use of national Highways Section and Permanent bridge Public Funded Project), Rules 1997) having construction cost of more than 25 lacs and is open to the general traffic, on or after, first day of April 1976 and therefore, the bridge in question is covered under Section 7 of the Act, 1956. It is also submitted by the learned advocate for the petitioner that what is permitted under section 7 of the Act, 1956 is to levy the fees, in commensurate with the services or benefits rendered. It is also submitted that initial cost of the bridge and its approaches (Rs. in crores ) cars/ jeep tolls Rates (Rs. per Vehicle) light Commercial vehicles Minibuses trucks/buses and Multi Axle Vehicles Initial cost of the bridge and its approaches (Rs. in crores )

Cars/ jeep

Tolls Rates (Rs. per Vehicle)

Light Commercial vehicles Minibuses

Trucks/buses and Multi Axle Vehicles

Below 50

5

10

15

50 - 75

10

10

25

75 - 100

10

15

30

100 - 125

15

20

40

125 - 150

15

20

40

150 - 200

15

25

50

Above 200

20

30

60

(2) The Fee under sub-rule (1) for projects involving conversion into four-lanes

Sr. No.

Type of Vehicle

Rate

1.

Car or Jeep or Van

Rs. 0. 40 per k. m

2.

Light commercial vehicles

Rs. 0. 70 per k. m

3.

Truck or bus

Rs. 1. 40 per k. m

4.

Heavy construction machinery

Rs. 3. 00 per k. m

And earhmoving euipment

(3) The rate of Fee fixed under sub-rule (1) and sub-rule (2) may be reviewed after every five years based on wholesale price index and fixed in multiple of rupees five by the central Government over the rates notified)

( 3 ) THE impugned bridge, has incurred cost of construction less than 50 crores. Therefore, figures given in Rule 3 (1) contractors to levy the fees and such contracts are paying the fixed amounts to the respondents and substantial additional amounts go in private corpus. The amount of fees collected by the respondents is, in fact, highly disproportionate to the expenditure and there is no "fair correspondence" between the fees charged and the cost of services rendered. There is no "co-relationship" between the figures of expenditure and income. As per the affidavit dated 9-8-2004 filed by the respondents reveals that the costs incurred towards the constructions of the bridge in question is at rs. 8. 42 crores and total cost of expenditure towards construction of the approaches of the bridge is Rs. 68. 00 lacs (total expenditure of Rs. 7. 1 crores, and the total levy of the fees is at Rs. 28. 14 crores. Thus, there is lot of difference between the expenditure and inc