Tamil Nadu   

Collection of toll on Rajiv Gandhi Salai challenged

CHENNAI: The Madras High Court on Tuesday directed the Tamil Nadu government to file counter to a public interest litigation petition challenging a G.O. that enables collection of toll on Rajiv Gandhi Salai (OMR) by I.T.Expressway Ltd, a subsidiary of the Tamil Nadu Road Development Company, pursuant to an agreement with the State government.

The challenge in the petition, filed by R.Sureshkumar, trustee, Voice Consumer Care Council, was on the ground that the OMR had been declared a State Highway. The Tamil Nadu Highways Act did not have legislative provision to collect a fee as was available under sections 7 and 8 (A) of the National Highways Act, under which the Centre was authorised to levy toll by itself or under a BOT agreement.

K.M.Vijayan, senior advocate appearing for the petitioner, submitted before a Bench, comprising Justices S.J.Mukhopadhaya and V.Dhanapalan, that a corresponding provision was absent in the State Highways Act. Hence there was no legislative sanction to collect toll on a road declared State Highway (SH).

However, tolls levied by the government under the Tolls Act enabled collection of toll by government or local body but not private persons under the BOT scheme. However, the Act would not apply to State Highway since it vested with the State Highway Authority. After the commencement of the State Highway, the power to levy fees under the Tolls Act was not available. Unless the government passed an amendment enabling the levy, collection of toll was illegal. No fee could be levied by an executive order. It could be a notification under a statute or a statute itself.

Further, whatever amount collected by way of revenue should go to the Consolidated Fund under Art.266 of the Constitution and appropriation of the same could be done only by the Appropriation Bill passed by the legislature. The petitioner prayed the court to declare the G.O. enabling the levy by the private body illegal and unconstitutional.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Knitted garments from eri silk
Arur Lake to be de-silted soon
Seminar
Distributed
Jewellery stolen
Health hazard
Killed
Details of development works in Krishnagiri sought
Sports meet
Polio vaccine to be given on December 21
Applications invited
Use of public transport system on the rise, says Minister
Research should be part of academic programme: Sripathi
Technology to make knitted garments from eri silk
Creative colours
Timely intervention keeps them going
University convocation on December 24
Pilot project to be launched in Karur
Inter-school contests
Cooperative stores out of the red now
Jewellery stolen from house at Oorapakkam
Agitators lathicharged
Narrow escape
Water supply from Pachaikupam to resume
Tirupattur MLA stages dharna
Gold chain, cash stolen
Aruna Sairam to inaugurate craft expo
Mettur level
Lodge sealed
SMS hoax
Meeting
Youth arrested for raping minor
Sites abuzz with perk-up hopes
Grievances redressal
M.Ed results out
Inspector suspended
Man held for cheating
“Varsity-hospital tie-up will help patients”
Security up at railway stations
TTDC upbeat about tourist arrival
Celebrating 1971 victory
Wind energy tariff to be increased
Airtel launches Tamil voice portal
Send Pranab Mukherjee to Sri Lanka immediately: DMK
Applications received for subsidy
BJP not to contest Tirumangalam by-poll
Petition seeks by-poll in Mangalore constituency
Collection of toll on Rajiv Gandhi Salai challenged
Question paper leak case: CBI wants former DGP examined
Karuna Sagar is DIG, Armed Police, Chennai
Development works begin at Topslip
Electrified Villupuram, Ariyalur section cleared

Copyright © 2008, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu