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National Highways Authority of India & Others v. Madhukar Kumar & Others

Civil Appeal · 2021 INSC 532Decided 23 Sept 2021
Civil Appeal No. 11141 of 2018
Justice K.M. Joseph · Justice S. Ravindra Bhat

Background

Residents living near a toll plaza built at the 194 km mark on the Patna-Bakhtiyarpur section of National Highway 30 challenged its location, arguing it violated Rule 8 of the National Highways Fee Rules, 2008 because it was placed within a municipal stretch where local residents would have to repeatedly pass through and pay toll for short local trips. A single judge of the Patna High Court agreed and directed the National Highways Authority of India (NHAI) to shift the plaza, and a Division Bench upheld that order. NHAI appealed to the Supreme Court.

Decision Breakdown

The Supreme Court allowed NHAI's appeal and set aside the High Court's direction to shift the toll plaza. It held that under the second proviso to Rule 8, the "Executing Authority" has discretion to locate a toll plaza where the road stretch (over 50 km here) does not permit strict adherence to the usual distance norms, and that this decision, while it must be properly recorded, does not require the authority to give detailed reasons to the public, nor is it arbitrary merely because it burdens some local residents. The Court did direct NHAI to keep proper records justifying such location decisions going forward, to remove any unauthorised barricades restricting free movement on service roads, and to ensure local residents actually receive the toll discounts/concessions they are entitled to under Rule 9.

Lesson Learnt

Courts will generally not second-guess a technical, discretionary decision by a specialised authority (like where to place a toll plaza) unless it is shown to be irrational or arbitrary, but authorities exercising such discretion must still keep documented reasons and ensure citizens actually get the concessions the rules promise them.

Official source (sci.gov.in)View Judgment (PDF)

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