HC issues notice to Centre

lawzmagazine.comA PIL was filed before the The Madras High Court challenging the constitutional validity of Rule 3 of the National Highway (determination of rate and collection) Rules, 2008.

A notice has been issued to the Union surface Transport Secretary on pretext of the PIL filed before the Hon’ble court by a former MLA.

As per the petitioner the rule does not exempt four-wheelers from paying toll even if the vehicles happened to use newly-laid four-lane highways for a short distance to reach other connecting road.

Division bench comprising Justice V.Ramasubramanian and Justice Kirubakaran, sought the central government’s reply by December 1.

It is the petitioner’s case that the National Highways Authority of India is collecting toll at sections of highways where there is no alternative road or service road to go to town within 10 km of a toll plaza which according to the petitioner is an abuse of dominant position of the authority. The petitioner sought a direction to the Competition Commission, established under the Competition Act to prevent practices having adverse effect on competition and to protect the interests of consumers.

The petitioner has also sought relocation of a toll plaza at Kappalur near here as even vehicle-owners who use National Highway 7 only for a very short distance to go from Madurai to Tirumangalam are forced to pay the toll.

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