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july 2024

Supreme Court of India · 2024-07-24

The Chairman, National Highways ... vs Arvind Kumar Thakur

Citation / case number
2024 INSC 556
Court
Supreme Court of India
Petitioner
The Chairman, National Highways ...
Respondent
Arvind Kumar Thakur
Author
Sanjay Kumar
Bench
Sanjay Kumar

Judgment text excerpt

The Supreme Court held that the National Highways Authority of India (NHAI) is entitled to levy toll fees under Rule 3(1) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, for the completed sections of the Muzaffarpur-Sonbarsa section of National Highway-77. The Court found the High Court's direction to cease toll collection unsustainable, emphasizing that the toll collected is necessary to recover costs incurred under the Build, Operate and Transfer model. The judgment clarified that the amount collected is currently held in a nationalized bank and cannot be returned to users, thus allowing NHAI to continue toll collection until costs are recovered.

The Chairman, National Highways ... vs Arvind Kumar Thakur · Niyam