Sir,
The applicant begs to submit:-
1. That the applicant has taken fastag from SBI with vehicle no. UP80CA6765 and on 01.02.2020 when I was going from Lucknow to Ayodhya and entered in Ahmadpur toll plaza toll tax Rs.90 was debited with transaction ID[protected]-0000000010407012391791 timing 10:00:18 and when reached Raunahi toll plaza again toll tax Rs.95 was debited with transaction ID[protected]-0000000010306012584866, on 15.02.2020 when I was going from Lucknow to Ayodhya and entered in Ahmadpur toll plaza toll tax Rs.90 was debited with transaction ID[protected]-0000000010407012391791 timing 10:00:18 and when reached Raunahi toll plaza again toll tax Rs.95 was debited with transaction ID[protected]-0000000010306012584866 and on 29.02.2020 when I was going from Lucknow to Ayodhya and entered in Ahmadpur toll plaza toll tax Rs.90 was debited with transaction ID[protected]-0000000010407012420395 timing 10:13:13 and when reached Raunahi toll plaza again toll tax Rs.95 was debited with transaction ID[protected]-0000000010306012746692. (It is being done since year 2017 when manually toll tax was collected some receipt is available which will be produced at the time of need) regarding which applicant has made complaint through mail but again on 07.03.2020 when I was going from Lucknow to Ayodhya and entered in Ahmadpur toll plaza toll tax Rs.90 was debited with transaction ID[protected]-0000000010406011685049 timing 10:16:08 and when reached Raunahi toll plaza again toll tax Rs.95 was debited with transaction ID[protected]-0000003070170320110604.
2. That it is further submitted that “THE NATIONAL HIGHWAYS (RATE OF FEE) RULES, 1977, provide the fee structure which is being quoted for kind perusal-
Rule-3 (2) The fee under sub-rule (1) for projects involving conversion into four-lanes of. existing two-lane of national highways shall not exceed the capping rates given below at June 1997 prices, namely:- 1. Car or Jeep or Van Rs.0.40 per km. 2. Light commercial vehicles Rs.0.70 per km 3. Truck or Bus Rs.1.40 per km 4. Heavy construction machinery and earthmoving equipment Rs.3.00 per km 1.
Similarly Rule 7 of THE NATIONAL HIGHWAYS (FEES FOR THE USE OF NATIONAL HIGHWAYS SECTION AND PERMANENT BRIDGE-PUBLIC FUNDED PROJECT) RULES, 1997 provides mode of collection which is being reproduced for kind perusal-
“7. Mode of collection of fee in case of departmental fee collection.-(1) Every driver, owner or person incharge of a mechanical vehicle shall, before crossing the National Highway Section or permanent bridge or having crossed it, stop his vehicle at the cross bar and pay the fee leviable in respect of the vehicles at the fee collection booths. The Fee Inspector shall in return, prepare a receipt in duplicate in Form A and hand over one copy of the receipt to the driver or owner or person incharge of the mechanical vehicle.
(2) Toll collection shall be done only at one place within a distance of 80 kms. from a point at the beginning of first National Highway Section or approach of entry of the first permanent bridge to be crossed under the jurisdiction of the same executing agency, regardless of number of projects falling within the length in order to facilitate free and unhindered movement of traffic. Where it is not feasible to do so, the number of collection point shall be kept minimum and shall be decided with the approval of Central Government. The fee may be collected from the driver, owner or person incharge of a vehicle on the first National Highway Section or permanent bridge which is intended to be crossed by such vehicle. The driver, owner or person incharge of the vehicle holding the receipt of such payment, shall be allowed to pass through other Sections and bridges of such Highway unhindered after showing the receipt to the Fee Inspector posted on other sections or bridges. Details of such Sections and bridges shall be displayed at a conspicuous place near the fees collection booths of the Sections or bridges covered under this sub-rule legibly written or printed in English, Hindi and the regional language of the area in which such sections or bridges are situated.
3. That as per NH Rule toll tax will be 40 paisa per kms but at the toll plaza excess toll tax are being charged twice although distance of Ahamadpur toll plaza to Raunahi toll plaza is about 56 kms only which is violation of the Rules.
4. That in spite of complete mechanism provided in the aforesaid Rules instead of implementing the Rules and norms given in it at the toll plaza continuously irregularity being committed by the authority concerned with the help of fastag provider regarding which I has made several complaint through mail but till date nothing has been done in the matter.
Wherefore, it is requested kindly take appropriate steps/Action for implementing the Rules and norms given in it and also refund the amount excess taken by toll plaza.
It is further requested that applicant using NH since year 2017 on each Saturday except 2nd Saturday of each month and excess toll tax are being taken from the applicant. So do needful to secure the right of applicant and refund excess money taken at toll plaza, failing which having left no option applicant will perforce to knock the door of Hon'ble Court for which you will be responsible.
Lucknow:
Dated.09.03.2020 Applicant
Angrej Nath Shukla Adv
High Court Lucknow.
[protected], [protected]
Copy to-
1. The Project Director, National Highway Authority of India, 1/73, G-Vineet Khand Gomti Nagar Lucknow.
2. Toll Plaza Manager, Ahmadpur Toll Plaza.
3. Toll Plaza Manager, Raunahi Toll Plaza, Ayodhya.
Please email at fastag.[protected]@insolutionsglobal.com or reach Fastag Team directly at [protected] for better assistance.
-Anay
HDFC Bank