HC notice on PIL against toll system

Chennai: A day after toll collection started on Old Mahabalipuram Road (OMR), causing a pile-up of vehicles near the toll plaza and public anger over the new levy, the Madras high court on Tuesday ordered notice to the government on a PIL against the toll system. The petition, filed by VOICE Consumer Care Council, said the Tamil Nadu Highways Act did not have any provision to collect toll on any of the state highways, which included the OMR. Admitting the petition on Tuesday, a division bench comprising justice S J Mukhopadhaya and justice V Dhanapalan directed the authorities to file their replies by Monday, when the matter would be taken up for final hearing. While the National Highways Act, a Central legislation, specifically provided for collection of toll by the government or a third party under the Build, Operate and Transfer (BOT) scheme, the State Highways Act did not have any such ingredient. Section 7 of the National Highways Act enables levy of fees, whereas Section 8(A) of the Act empowered the Centre to enter into agreements with any person for the development and maintenance of national highways for a fee. “Unlike the Central Act, the State legislation relating to highways did not enable the state government to levy fees by a legislative provision,” K M Vijayan, senior counsel for the petitioner said. He contended that neither the Tamil Nadu government nor a third party could be permitted to collect toll on the road, as the impugned GO enabling toll collection was not supported by a legislative provision under the Tamil Nadu Highways Act.

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