The central legal point established is that the authority to levy toll on a road depends on whether it is classified as a National Highway or a State Highway, and the relevant rules and jurisdiction apply accordingly.

SUBRAMONIUM PRASAD, J.

(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records of the impugned Government order Ms.No.166, Highways and Minor Ports (HV2) dated 01.10.2018 and quash the same or issue any other appropriate writ or direction directing the respondents consequently to remove Toll Plaza at Mathur on the section of Ennore Manali Road Improvement Project connecting the Chennai and Ennore Ports with Inner Ring Road at Madhavaram junction and Trivotriyur-Ponnery-Panchetty Road, Manali Oil Refinery Road, Ennore express way road at Port Gate No.0.)

1. This Public Interest Litigation has been filed for a Certiorarified Mandamus, calling for the records of the Government order Ms.No.166, Highways and Minor Ports(HV2) dated 01.10.2018, whereby tolls are being levied for a road having 28.33 km on the section of the Ennore-Manali Road Improvement Project connecting Chennai and Ennnore Ports with Inner Ring Road at Madavaram junction (km 17+500) and Thiruvottiyur - Ponneri - Panchetti Road (km 13+500) Manali Oil Refinery Road junction (km 5+600) Ennore Expressway (km 0+000) at Port gate No.0, improved and maintained on a long term basis by Chennai Ennore Port road company Limited (CEPRCL) or any agency appointed / authorised by CEPRCL to collect the user fee at the rates specified in the schedule appended to the notification for the period upto recovery of the project capital cost of Rs.600 crores and after recovery of the project capital cost and to quash the same. Writ petitioner has also prayed to remove the toll plaza at Mathur on the section of Ennore Manali Road Improvement Project.

2. The writ petitioner states that the road for which the Government of Tamil Nadu have issued the impugned G.O. is a National Highway. The State Government have no power to issue any Government order levying toll.

3. The writ petitioner would rely on Rule 7(2) of the National Highways (Collection of Fees by any Person for the Use of Section of National Highways / Permanent Bridge / Temporary Bridge on National Highways) Rules, 1997 and on Rule 8(2) of the National Highways Fee (Determination of Rates and Collections) Rules, 2008. He states that the toll plaza which has been established to collect tolls by respondent No.5 / Ennore Tank Terminals Private Ltd is against the mandate of both the above mentioned Rules.

4. According to the writ petitioner, toll gate is about 3 kms from the Surapattu Toll plaza on the Chennai by-pass National Highway and 5 kms from toll gate, Chennai Tada road and 20 kms from Vanagaram toll gate and as per the Rule 7(2) of the National Highways (Collection of Fees by any Person for the Use of Section of National Highways / Permanent Bridge / Temporary Bridge on National Highways) Rules, 1997, toll collection can be done only at one place within a distance of 80 kms, regardless of the number of projects falling within the length in order to achieve the object of facilitating free movement of traffic, and under Rule 8(2) of the National Highways Fee (Determination of Rates and Collections) Rules, 2008, a toll plaza cannot be established within a distance of 60 kms of Municipal limit or local town limit area.

5. According to the petitioner the toll plaza in question is in violation of this Rule 8(2). The respondent No.1 is the Union of India, Department of Road Transport and Highway, New Delhi, respondent No.2 / National Highways Authority of India, respondent No.4 / Chennai Ennore Port Road Company Ltd, have filed a common counter.

6. According to the respondents, Chennai Ennore Port road company Limited (CEPRCL)/Respondent No.4, was incorporated as a Special Purpose Vehicle, jointly and National Highways Authority of India, the Government of Tamil Nadu, Ennore Port Trust for development of adequate road connectivit