HC vacates injunction restraining NHAI from collecting toll

Get ready to open your wallet on NH 7 leading to Bengaluru International Airport and Bellary as the Karnataka High Court on Thursday vacated an injunction by a Devanahalli civil court restraining the National Highways Authority of India (NHAI) from collecting toll.

Justice Ravi Malimath passed the order on a writ petition filed by the NHAI.

Case history

The Civil Judge Court (Junior Division) in Devanahalli had in April restrained NHAI from collecting the toll on a suit filed by some advocates. The plaintiffs had contended that a toll plaza within the city limits was illegal and collection of toll was causing hardship to farmers from the Devanahalli area.

NHAI unsuccessfully challenged the injunction before the Civil Judge Court (Senior Division) in Devanahalli, which upheld the lower court order.

Thereafter, it filed a writ petition before the High Court, its counsel Uday Holla told The Hindu.

He said the NHAI told the court the plaintiffs had not taken the permission of the Civil Court before initiating the suit for injunction. Any suit purported to be filed in public interest could be initiated only after taking permission of the court concerned as per Section 91 of the Code of Civil Procedure.

When the court indicated its willingness to quash the injunction orders, the plaintiffs volunteered to withdraw the prayer for injunction. Hence the court ordered that the lower court orders stand discharged.

Prepared

Meanwhile, NHAI sources told The Hindu they were eagerly awaiting the court order, adding that the toll collection may resume any time now.

The contractor has got ready multiple counters at the plaza for vehicles exiting the airport to avoid piling up of vehicles.

Keywords: Toll collectionNHAI

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