In this case, by the judgment dated 5.4.206, the writ petition of respondent no.1 for direction that NHAI will not levy and collect any fee from the users of Runni Toll Plaza on NH 77 from 7.7.2015 was allowed. It was directed that NHAI will not levy any fee in terms of Rule 3(1) of the National Highways Fees (Determination of Rates and Collection) Rules, 2008, till completion of the project.
On 25.4.2016, the Supreme Court stayed this order and directed to deposit the collected toll on completed portion of highway / road in the nationalised bank.
At the final hearing, it was pointed that the Notification dated 26.11.2023 that the section length of 61.70 kms for use of two laning had been completed, length of 20.38 kms of bypasses had also been completed. The Central Government proposed to levy and collect fees. Thereafter, the independent contractor, after verification, issued provisional completion certificate dated 29.6.2015.
The toll is being collected by NHAI as the highway is constructed under BOT basis and the contractor is being paid annuity as per the contract.
In that context, the Supreme Court held that the judgment of the High Court was not sustainable and that it will be impossible to return the collected road to the road users. It was observed that any order passed by this Court, modifying the interim order, would in fact be detrimental and harmful to the road users as additional amounts would have to be collected to make up for the cost of the highway.
#supremecourtofindia #nhai #toll #legaldeli
Sham Joshi
Proud to share and heartily congratulate our partners Neetica Sharma and Tavinder Sidhu as recently the Supreme Court of India delivered a judgment in favor of our client National Highways Authority of India (NHAI) on toll collection dispute.
The Supreme Court has allowed NHAI to utilise the toll collected from the provisionally completed Muzaffarpur-Sonbarsa section of National Highway-77 observing that the toll already collected will be impossible to return to the road users.
MV Kini Law Firm
#mvkini #supremecourt #landmarkjudgment #tollcollectiondispute #lawfirm #disputeresolution #litigation #nhai