HC stays Sanwara toll, notice issued to NHAI

Vijay Arora

Shimla, June 1

The High Court today issued notice to the National Highways Authority of India (NHAI) on a PIL petition, challenging the decision of collecting tax at the Sanwara toll plaza (Solan).

The court also stayed the collection of toll till the next date of hearing and listed the matter for June 2. Apart from the NHAI, the court also issued notice to the Central and state governments.

A Division Bench comprising Chief Justice L Narayana Swamy and Justice Anoop Chitkara passed the orders on a PIL plea filed by Adit Singal, who has alleged that the toll plaza at Sanwara is illegal and contrary to the National Highway Fee (Determination of Rates and Collection) Rules, 2008.

He has contended that as per rules, no toll plaza can be established in the same section within a distance of 60 km, whereas another toll plazas are situated at Chandimandir, Panchkula district, and Parwanoo in Solan. These are within 60 km from Sanwara.

He has also alleged that the certificate of completion of 95 per cent work by GR Infraprojects (contractor of the Parwanoo-Solan road) has wrongly been issued to it by the National Highways Authority of India (NHAI).

He has alleged that the toll is being levied before the completion of the construction work. The major part of the work on flyover and its underpass at Kumarhatti, Saproon and Timber Trail Resort at Parwanoo is not complete. It will take months or may be a year or more and as such, it cannot be said that 95 per cent work has been completed.

He has contended that the public is compelled to pay toll for incomplete facilities that too at exorbitant rates.

He has also alleged that the toll road has not been maintained properly and a part of the stretch is accident-prone. There is no proper barricading of the roads which join the toll road from towns and villages along the national highway. The petitioner has prayed to quash the contract, construction and the completion certificate issued to GR Infraprojects by the National Highways Authority of India and also quash the notification fixing the toll charges payable by vehicles crossing Sanwara.

Points of contention

• A PIL petition has contended that as per rules, no toll plaza can be established in the same section within a distance of 60 km
• Toll plazas at Chandimandir in Panchkula district, and Parwanoo in Solan are within 60 km of Sanwara
• The toll is being levied before the completion of the construction work
• The work on a flyover and its underpass is incomplete