Observing that it was a serious issue, the Bombay high court on Friday asked the Maharashtra and Central governments, MSRDC and the National Highway Authority of India (NHAI) to respond to a public interest litigation (PIL) alleging irregularities in toll fixation.A division bench of justices SJ Vazifdar and BP Colabawalla directed the authorities concerned to file their replies by March 17.The judges have questioned the authorities whether they have implemented the manual prescribed by the central government in 2008 for fixation of toll amount.The HC was hearing a PIL filed by Nitin Sardesai, MLA and MNS General Secretary and social activist Sanjay Shirodkar through advocate Sayaji Nangre.The PIL argues that the Central Government Notification dated September 5, 2006, for the old Mumbai-Pune Highway ignored the basic base fee formulae on the basis of which the toll fee was decided.This unlawful and arbitrary imposition of toll charges on road transport and more specifically Old Mumbai-Pune Expressway and sections of NH-4 Mumbai-Pune Highway, thereby imposing an illegal financial burden on the public at large, contends the PIL."The manner in which the toll is imposed upon the general public travelling on the said Highways is most arbitrary, unreasonable, unfair and unconstitutional," states the PIL.To this, justice Vazifdar said: "This is a serious issue which needs to be considered. Why should people pay double amount?"Srihari Aney and Nangre, argued that the Wholesale Price Index (WPI) is released by the office of the Economic Advisor, Ministry of Commerce and Industry, Government of India and the Index is decided at the end of every financial year i.e., on 31st March of every year.In the present case, the notification stipulates a toll fee till year 2030, which is contrary to the rules, as it is impossible to forecast the WPI of the future years.In any case, such an assumptive forecast would not amount to the WPI as fixed by the Ministry of Commerce, on the ending of each financial year i.E., on 31st March of the every year.Therefore, the Notification stipulating the toll fee till 2030 is contrary to the rules and notification issued by the Government of India, the PIL contended.Further, the toll has to be collected in view of the toll policy formulated by the Centre and which mandates the inclusion of the WPI and base fee formulae for calculating the revised toll fees. However, the impugned notification of September 5, 2006 ignores this aspect. Hence it is arbitrary and illegal, the PIL contended.The PIL seeks that the Maharashtra government and the Mhaiskar Infrastructure and M/s. Ideal Road Builders, who are in public-private partnership to construct the road, be restrained from collecting toll.The PIL also prays that the developers be directed to install Advanced Traffic Management System (ATMS) on the Old Mumbai Pune Highway NH-4 and Mumbai Pune Expressway.Also, they should be directed to make available sufficient number of ambulance services on Old Mumbai Pune Highway NH-4 and Mumbai Pune Expressway.

COMMERCIAL BREAK
SCROLL TO CONTINUE READING