The National Highways Authority of India should have made some infrastructural arrangements before rolling out the FASTags for toll collection on the national highways, Madras High Court said.
The court made this observation while hearing a plea that sought to restrain NHAI from collecting user fees at Paranur toll plaza on Tambaram Tindivanam highway.
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“The National Highways Authority of India (NHAI) should have created some amount of infrastructural setup prior to introducing FASTag,” the first bench which comprised chief justice Sanjib Banerjee and justice Senthilkumar Ramamoorthy, said.
The petition was filed by Joseph Sagayaraj, who told the court that the contract awarded to the concessionaire was expired.
While the bench observed the inaccessibility of the system for many road users, the Assistant Solicitor general of India opposed the plea.
Arguing against the plea, he said that the NHAI is entitled to collect 40 percent of the user fee under Rule 6 (6)(b) of the National Highway Fee (determination of rates and collection) Rules, 2008.
After that, the bench asked NHAI to provide details about the fee levied on vehicles in the area.
“The toll is being collected with aid of provisional completion certificate awarded in favour of the concessionaire, despite the said provisional completion certificate indicating very many deficiencies,” the petitioner said.
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