ORDER :

Satish Chandra Sharma, J.

The petitioners before this Court, who are advocates, have filed the present writ petition by way of Public Interest Litigation stating that they are owners of motor vehicles, they have paid road tax at the time of purchase of the vehicles and the respondents are compelling them to pay toll tax, which is in addition to the lifetime tax paid by the petitioners. The petitioners’ contention is that the collection of toll tax at National Highway Toll Booths is a mafia type operation controlled by top rank politicians belonging to the Government in power and therefore, payment of toll tax be declared as illegal and unjust.

2. The petitioners have also raised a grievance in respect of non-payment of toll tax by certain dignitaries and the contention of the petitioners is that the exemption from payment of toll tax by certain dignitaries is in violation of Article 14 of the Constitution of India. The petitioners have given certain examples of collection of toll tax at GMR – Vijayawada Expressway. It has been further stated that in and around Hyderabad also, toll tax is being collected and the action of the respondents in collecting toll tax even after seventy two years of Independence in a democratic country deserves to be quashed. The petitioners have prayed for the following relief :-

“It is therefore prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents herein in notifying majority of the roads connecting various places in the country as National/State Highways and thereby compelling the petitioners several other crores of common people like such to use only highways by paying huge amounts towards toll taxes in addition to the life tax (road tax) paid during the purchase of mechanical vehicle under the guise of facilitating the raising of additional sources for development of Highways without providing an alternative way/road as being illegal and arbitrary and consequently to struck down the collection of toll system or collection of life tax from the citizens of this country in the interest of justice and to pass such other order or orders as are deemed fit and property in the circumstances of the case.”

3. The petitioners have subsequently filed Additional Affidavit furnishing a list of officials/dignitaries who are exempted from paying toll tax and the contention of the petitioners is that keeping in view the Report of the Committee of Secretaries on Review of Toll Policy for National Highways submitted to the Government of India in Mav, 2009, alternative road (toll free road) should be made available to a common man. In the Additional Affidavit, again a prayer has been made for quashment of the system of, collecting toll fee on State and National Highways.

4. A detailed and exhaustive counter affidavit has been filed by the National Highways Authority of India (NHAI). It has been stated that keeping in view the financial crunch, which was coming in the way of development of Highways/Highway Projects by NHAI, the Central Government took a policy decision in order to ensure that funds are made available and created National Level Infrastructure of Roads and accordingly the National Highways Act, 1956 was amended and Section 8A was incorporated vide Act No.26 of 1995 with effect from 16.06.1995. The amendment empowered the NHAI to enter into an agreement with any person in relation to the development and maintenance of the whole or any part of a National Highway. Section 8A further provided that any person with whom an agreement has been entered into can collect and retain fees for services or benefits rendered by him as the Central Government may provide by Notification, having regard to the expenditure involved in building, maintenance, management and operation of National Highways, interest on the capital invested, reasonable return, the volume of traffic and the