Himachal High Court on collection of toll fee at Toll Plaza Sanwara
The High Court of H.P. today directed the Centre and State Government and the National Highways Authority of India, to file reply in the matter related to collection of toll fee at Toll Plaza Sanwara, District Solan. The Court also directed that the prayer for interim relief will be considered after the reply is filed by the respondents.
A Division Bench comprising Justice Ravi Malimath and Justice Jyotsna Rewal Dua passed these orders on a public interest litigation, wherein the petitioner has alleged that the establishment of the Toll Plaza at Sanwara is illegal and contrary to the Rules of National Highway Fee(Determination of Rates and Collection)Rules, 2008, which provides that no toll plaza can be established in the same section within a distance of 60 kms, whereas another Toll Plazas are situated in Chandimandir, District Panchkula and at Parwanoo in District Solan within 60 kilometers from the Sanwara Toll Plaza. He has also challenged the completion certificate issued to M/s G. R Infra projects by the National Highways Authority of India and has alleged that major part of the construction work of flyover and its under pass at Kumarhatti, Saproon and Timber Trail Resort at Parwanoo is not complete and the toll is being levied before completion of construction work. He has alleged that the public is compelled to pay toll for incomplete facilities that too at exorbitant rates. He has also alleged that the toll road has not been maintained properly and part of the stretch is accident prone, as there is no proper barricading of the roads which join the toll road from the towns and villages along the National highway. The petitioner has prayed to issue directions to forbear the respondents from collecting toll fee at its toll plaza at Sanwara. He has also prayed to quash the contract, construction, completion certificate issued to M/GR Infraprojects by the National Authority of India and also to quash the notification fixing the toll charges payable by the vehicles crossing the Sanwara toll plaza.
The Court in its earlier hearing had stayed the collection of toll tax at the Sanwara Toll Plaza till 2.6.2021.
The Court posted the matter for 22.06.2021.