The High Court of Karnataka on Tuesday asked the National Highways Authority of India (NHAI) to respond to a PIL petition, which has questioned the legality of amending the National Highways (NH) Act allowing privatisation in construction and maintenance of NHs, and collection of user fee.
A Division Bench comprising Chief Justice Dinesh Maheshwari and Justice S. Sujatha passed the order on the petition filed by the Karnataka State Advocates’ Association Federation, and the Advocates’ Association, Bengaluru.
The petitioners contended that Section 8A of the NH Act amended in 1995 is a violation of the Constitutional provision as the mandate of the NH Act, 1956 was on the basis of socialistic concept and pattern but Section 8A gives “unbridled, excessive discretion and delegation of power” to the Union government to enter into agreement with private persons for developing and buildings NHs.
The petitioners have also claimed that collection of toll fee amounts to double taxation on the motor vehicles as the Union government is already collecting cess under the Central Road Cess Fund Act, 2000 for development highways. Besides, the petitioners claimed the government cannot cite lack of funds when right to commutation from place to place is a fundamental right as held by the apex court.
It has been claimed in the petition that the user fee for NHs is exorbitant and fixed unscientifically, and the private companies are charging higher fee.
The petitioners have sought a declaration that Section 8A of the NH Act and certain provisions of the NH Fees (Determination of Rates and Collection) Rules, 2008 as unconstitutional.
Exempt advocates
Stating that the advocates are rendering valuable social functions in the process of dispensation of justice in the justice delivery system, the petitioners sought a direction from the Court to the authorities to exempt advocates, considering them as a special category on the lines of judges, from payment of user fee at NHs. The petitioners have also sought a direction to the authorities to exempt farmers from payment of toll fee as well as all types of non-commercial vehicles on the lines of two-wheelers.
