Toll plaza's location violated Fee Rules by restricting local residents' movement and imposing unjust fees for accessing essential services.

CAV ORDER

1. The petitioners are before the Court seeking for the following reliefs:

a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction; directing the Respondents to shift the toll plaza constructed at Km 448+900 (Somanahalli Village), National Highway No.2090.

b. In the alternative direct the Respondents to construct service road/ alternative road for easy movement of the Petitioners between Somnahalli village, Nelagulli village Kaggalipura village in Kanakapura Taluk, Ramanagara District;

c. Direct the respondents to install closed user fee collection system as per Rule 3 of the National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2022;

d. Grant such other relief/s that this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.

2. The petitioners No.1 to 5 claim to be local residents of Somanahalli and Nelaguli Village who keep travelling to Kaggalipura for their daily needs for visiting Government Hospital, Banks, Police Station, Veterinary Hospital, Agriculture Farmer Centre, Fertilizer Shops, Schools, Colleges, KSRTC Express Bus Stop, Range Forest Office, Post Office, BESCOM office, Markets, Private Nursing Home, Petrol Bunks, Etc., Petitioners No.1 to 8 claim to be residents Kaggalipura who possess lands in Somanahalli and Nelaguli Village requiring them to travel to look after their lands and other works.

3. Respondent No.1-Union of India, Minister of Road Transport and Highways had entrusted the respondent No.2-National Highway Authority of India (“NHAI”) the Development, Maintenance and Management of National Highway No.209 in the State of Karnataka by two/four laning the existing road on a design, build, operate and transfer basis which would be partly financed by the concessionaire, who shall recover its investment and cost through payments to be made to the respondent No.2.

4. Respondent No.2-NHAI, accordingly, invited proposals by its request for proposal (RFP) dated 13.04.2016 for shortlisting of bidders for construction, operation and maintenance of the above project on a hybrid annuity basis, on the basis of which certain bidders were shortlisted. Thereafter, Respondent No.1 entered into an agreement with one of the concessionaires. The said concessionaire could not complete the work, and respondent No.1 called for new tenders and entered into a new agreement with a new concessionaire.

5. The petitioners, as indicated above, are residents of Somanahalli, Nelaguli, and Kaggalipura Village Panchayats, situated on the Bengaluru–Kanakapura Highway and all the petitioners having agricultural land situated within the said panchayats are required to travel to and fro each of the panchayats.

6. The respondent No.1, intending to start the operation of the toll plaza constructed at Somanahalli Village, which is within 3 Km from two other village panchayat areas, had sought certain information under the Right to Information Act, 2005 (for short “RTI”) about the toll plaza and the distance between each of the toll plazas. As regards which a reply had been issued on 07.10.2023 stating that, as per the concession agreement, three numbers of toll plazas are proposed on NH-209 from BRT Tiger Reserve to Bengaluru South, the first one at (Km 298+940) as Harapanahalli Village, second at (Km 359+800) at Sathyagala Village and at (Km 448+900) Somanahalli Village.

7. In that view of the matter, the petitioners submitted representations on 30.10.2023, 24.11.2023 to respondents No.4 and 5 viz., the National Highway Authority of India, Project Implementation Unit and the Assistant Executive Engineer, NHAI respectively, req