SHIMLA:  High Court of Himachal Pradesh has directed the National Highways Authority of India (NHAI) to file reply on the next date of hearing with regard to charging of double the normal amount of the toll at Toll Plaza Sanawara on the Chandigarh-Kalka-Shimla National Highway from commuters, who have not taken fast-tag facility. 

High Court issued this order today in a matter of alleged collection of toll in violation of the Rules of National Highway Fee (Determination of Rates and Collection) Rules, 2008, at Toll Plaza at Sanwara, District Solan. The petitioner raised the issue that the people who have not taken fast-tag facility are being charged double the normal amount of the toll.

A Division Bench comprising  the Chief Justice, Mohammad Rafiq and Justice Jyotsna Rewal Dua,  passed these orders on a public interest litigation filed by one  Adit Singal, alleging that the establishment of the Toll Plaza at Sanwara, District Solan, is illegal and contrary to the Rules of National Highway Fee (Determination of Rates and Collection) Rules, 2008.

He has alleged that as per rules no Toll Plaza can be established in the same section within a distance of 60 kms, whereas another Toll Plazas are situated in Chandimandir, District Panchkula and at Parwanoo in District Solan within 60 kilometers from the Sanwara Toll Plaza.  He has also alleged that the completion certificate stating completion of 95 percent work has been wrongly issued in favour of M/s G. R Infraprojects by the National Highways Authority of India. The petitioner has alleged that the public is compelled to pay toll for incomplete facilities that too at exorbitant rates.  

The petitioner has prayed to issue directions to forbid  the respondents from collecting toll fee at its Toll Plaza at Sanwara. He has also prayed to quash the contract, construction completion certificate issued to M/GR Infraprojects by the NHAI and also to quash the notification fixing the toll charges payable by the vehicles crossing the subject Toll Plaza.

NHAI today filed fresh Status Report before the Court in compliance to High Court order issued on  15.3.2022. NHAI was directed to submit an affidavit of some responsible Officer on the present status with regard to incomplete portion of approximately two kilometers road and construction of over bridge at the beginning of Parwanoo-Solan section and  time NHAI will take to complete this construction.

The status report filed is supported by an affidavit of the Project Director, NHAI, Project Implementation Unit Shimla.  NHAI stated that the pending work at Viaduct near TTR  0.350 KM  length is in progress and is likely to be completed by November, 2022.

NHAI stated that similar pending work at Viaduct near Badhauni of 0.260 KM length is getting delayed because of change of scope of work and is likely to be completed by November 2023. Pending work near Rabon village of 0.150 KM length is also getting delayed because of change of scope of work and is likely to be completed by November 2022. The work at near Rabon village is struck in the length of 1.150 KM because of the Court case and the same is likely to be completed by November 2022.

The Court ordered that NHAI may file application before the concerned Court to expedite the process of finalizing the case. “The court shall take up the matter in priority and decide the same at the earliest by considering that the project of completion of National Highway is not unduly delayed”.

The matter has been posted for 27.04.2022.