KOCHI: Giving a new dimension to the Kumbalam toll issue, the Kerala High Court on Monday served notices to the State and Central governments and NHAI in a petition submitted by Solidarity challenging toll collection at Aroor-Edappally stretch of NH 47. A Division Bench comprising Chief Justice Jasti Chelameswar and Justice P R Ramachandra Menon, issued notices to the State of Kerala, Union of India, the National Highways Authority of India (NHAI) and the Cochin Port Road Company Ltd, New Delhi. According to the petition of Shakkil Mohammed, district president, Solidarity Youth Movement, the authorities have violated all pre-requisites that are mandatory for collecting toll as per section 8 A of National Highway Act 1956. The petition pointed out that toll collection of such nature and magnitude violates the mandate of Article 19(1)(d) of the Constitution which guarantees the right to all citizens to move freely throughout the territory of India. It has been further pointed out that the construction of the service lanes is not yet over and hence is unfit for vehicular movement. The Aroor Bridge connecting the National Highway 47 is in bad shape and has been closed for vehicular traffic. As per section 8 A, the NHAI should have mentioned the expenditure involved in construction, maintenance, management and operation of the National Highways in the gazette. The NHAI also failed to mention other details which is mandatory as per the Act such as the interest on the investment, volume of transport and expected returns. The petition requested the High Court to quash the notification issued by the Union Government regarding toll collection at Aroor-Edappally stretch of the National Highway. Also the petitioner requested to declare that the respondents are not entitled to collect fee for the use of a portion of National Highway 47. “The officials of the National Highway have tried to cover up certain clauses in the notification. Action should be taken against them for that,” they said.
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