ORDER :

The present writ petition is taken up today through Video conferencing.

1. The present writ petition has been filed for quashing notification dated 23.10.2020 (Annexure-1 to the writ petition) so far as the same relates to acquisition of the land of the petitioner for establishing toll plaza at Mauza-Putru (Kms. 274.500) on National Highway-33 contending that the same is in gross violation of National Highways Fee (Determination of Rates and Collection) Rules, 2008 (hereinafter referred to as “Rules, 2008”) in particular, rule 8(2) thereof since the proposed toll plaza is within 60 kilometres of the existing toll plaza at Kokpara (Kms. 309.625) and no reason in writing has been recorded prior to such acquisition in terms with first proviso to rule 8(2) of the Rules, 2008. Further prayer has been made for quashing letter dated 23.03.2021 issued by the respondent no. 5/GM(T)-cum-Project Director, Project Implementation Unit-Jamshedpur, National Highways Authority of India, Kandrabera, Seraikella-Kharsawan, whereby post facto reasons have been given for establishing a toll plaza at “Putru” which is 35 Kms. from the succeeding toll plaza at “Kokpara.” The petitioner has also prayed for restraining the respondents from taking possession of her land pursuant to notification dated 23.10.2020. It is further prayed for issuance of direction upon the respondents to relocate the proposed toll plaza at Mouza-Putru (Kms. 274.500) in a manner consistent with rule 8 of the Rules, 2008 and thereafter fresh notification for the said purpose be issued as may be necessary in view of the National Highways Act, 1956.

2. The factual matrix of the case as stated in the writ petition is that the petitioner purchased the land situated at plot nos. 572, 573, 574, 575, 576, Halka No. II, Khata No. 95, Mouza-Putru, measuring an area of 0.7385673 hectares, Taluka and Sub-Division-Ghatsila (hereinafter referred to as “the said land”) by virtue of a registered sale deed dated 11.11.2003. The said land is situated near National Highway-33 running in stretch through the State of Jharkhand. The petitioner having come to know that the National Highways Authority of India was intending to acquire the said land for establishing a new toll plaza, made a representation dated 07.03.2021 to the respondent no. 5 raising objection against the proposed acquisition of her land for establishing a toll plaza which was replied by the respondent no. 5 vide letter dated 23.03.2021 stating that the said toll plaza was being constructed to plug leakages in toll collection occurring at Galudih (Kms. 277.568), Ghatshila (Kms. 287.00) and Dhalbhumgarh (Kms. 300.820). It was further stated in the said reply that the acquisition procedure for the said land had been completed by depositing the required compensation with the District Land Acquisition Officer, East Singhbhum and the physical possession of the land by NHAI was under progress. Hence, the present writ petition.

3. Mr. M.S. Mittal, the learned Senior Counsel for the petitioner submits that National Highways Act, 1956 has been enacted declaring certain Highways to be National Highways and for the matters connected therewith. In exercise of powers conferred under Section 9 of the Act, 1956, the Central Government framed the Rules, 2008 for collection of fee for use of sections of national highways, permanent bridges, by-passes and tunnels. It is further submitted that rule 8(2) of the Rules, 2008 makes it clear that once a toll plaza is established on a National Highway, any other toll plaza on the same section of National Highway and in the same direction shall not be established within a distance of 60 Kms. Its purpose is thus clear and unambiguous that on the same section of a National Highway and towards the same direction, there must be a distance of 60 Kms. between two toll plazas within which no other toll plaza can be established. The intent behind such rule is to restrict the respondents from exercising unabridg