Karnataka High Court division bench stays order on free passes at Kanakapura Road toll plaza

Bengaluru: A division bench of the Karnataka High Court on Thursday stayed a single-bench order on the collection of toll from residents living near the Somanahalli toll plaza on Kanakapura Road along National Highway 209.

The division bench, comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha, passed the interim order on an appeal filed by the National Highways Authority of India (NHAI). It also issued notices to the petitioners before the single bench — residents of Somanahalli and Nelaguli villages.

Earlier, the single bench had directed the NHAI and the project proponent of the NH-209 widening work to issue free local resident passes within 30 days, without levying any toll or user fee.

The direction extended to all similarly placed residents who apply for such passes, subject to verification of residency, to enable unrestricted ingress and egress through the toll plaza for access to homes, agricultural lands, workplaces and essential services.

The single bench had observed that there was no service road or alternative road, and that a request for a Closed User Fee Collection System — toll collection based on the actual distance travelled — had been rejected.

Challenging the order, the NHAI argued that the directions ran contrary to the Supreme Court’s judgment in NHAI Vs R Murali, which dealt with similar facts.

The apex court had ruled in favour of the NHAI, citing provisions for concessional passes at a toll plaza in Thirumangalam, Tamil Nadu, while setting aside similar directions issued by the Madras High Court.

The NHAI further submitted that two-wheelers and tractors are exempt from toll fees and that concessional passes costing Rs 340 per month are already being provided to local residents.

Observing that the issues raised by the NHAI required detailed consideration, the division bench posted the matter for further hearing on April 23.