Karnataka HC seeks NHAI reply in plea to exempt advocates, farmers from paying highway toll

The Karnataka High Court on Tuesday sought the response of the National Highways Authority of India (NHAI) in a petition filed seeking a direction to exempt lawyers and farmers from paying highway toll on National Highways..The petition filed by the Karnataka State Advocates’ Association Federation and the Advocates Association, Bangalore, has also challenged Section 8A and various other provisions of the National Highways Act, 1956 and Rules framed thereunder as being unconstitutional..Section 8A grants the government the power to enter into agreements with private parties for the purpose of developing and maintaining National Highways. This provision, the petition contends, gives the government unbridled power to enter into these agreements without any limit on privatization, which is in violation of the mandate set out by the NH Act..“…to provide a right of way, the non-availability of the funds can never be advanced as it is an integral part of Article 21 read with Article 38(2) of the Constitution of India..In that view of the matter, Section 8A to the extent it gives unbridled powers…for the Central Government to enter into agreement for development and maintenance of whole or part of the Highway…is virtually privatization of a public utility which is impermissible under the scheme of the Constitution.”.It is also noted that as per Rule 3 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, the government may exempt any section of a national highway from levy of fee. The petition states only certain types of non-commercial vehicles are exempt from the fee, and that too only up to a certain distance. This non-exemption of all types of non-commercial vehicles has been assailed as being discriminatory..As regards exempting advocates from paying the highway toll, the petition states,.“…they render valuable social functions and duties…imposition of any restrictions including payment of the toll will come in the way of their exercise of duties as part of the judiciary and when Judges are exempted, public servants are exempted, there lies no intelligible differentia as to why Advocates has not to be exempted as they essentially form part of the system rendering the same or more services…” (sic).The petition also calls for exempting farmers from paying the highway toll, as the commute on the National Highway is a part of their livelihood..Therefore, it has been prayed that Sections 8A and 8(1) of the Act, as well as Rules 3(4), 8(3) and 11 of the Rules be declared ultra vires the Constitution. It is also prayed that the Centre place before the Court the amount of cess collected since the passing of the Central Road Cess Fund Act, 2000..On Monday, the Bench of Chief Justice Dinesh Maheshwari and Justice S Sujatha granted the counsel appearing for the Centre and the NHAI time to seek instructions and file their responses. The matter has been listed for December 19..__.Talk on Twitter (www.twitter.com/barandbench)