JUDGMENT :

Indrajit Mahanty, J.

1. The petitioners have impugned Rule 4(9) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, issued under Section 9 of the National Highways Act, 1956, in the peculiar facts of the case. The petitioners have also impugned Office Memorandum dated 18.05.2020 issued by the Central Government for implementation inter alia by the Ministry of Road Transport & Highways and NHAI, and the consequent Policy Guidelines/BOT (Toll)/2020 dated 26.05.2020 issued by NHAI. That apart the petitioners have also prayed for directing the NHAI to maintain the same time gap of six months between the Revised Completion Date/ Date of Toll Tariff Revision and date of commencement of payment of premium, under the respective Concession Agreements (with the approved EOT); or in the event this Court comes to a conclusion that aforesaid prayer cannot be granted, to restrict the premium amount till the end of six months from the Revised Completion Date, to such balance amount from the fee collected in each of the previous months, which remains in Escrow Account after payment of monthly operation and maintenance charges and monthly debt servicing etc. a