CUTTACK: In a significant order, the Orissa High Court on Wednesday stayed the collection of toll at the enhanced rate at the Toll Plaza near Manguli in Cuttack district. The division bench of the HC comprising Chief Justice V Gopalagowda and Justice BN Mohapatra further directed since that the toll had already been collected at the enhanced rate from December 14, 2011, the differential amount be deposited with the Registrar (Judicial) of the High Court and the same shall be kept in a separate account till disposal of the writ petition. Earlier, acting on a PIL filed by Kendujhar Naba Nirman Parishad, the HC had issued notice to NHAI. The petition challenged the notification of the Ministry of Road Transport and Highways and decision of NHAI to charge toll at the enhanced rate from the commuters at Manguli Toll Plaza in lieu of use of six-lane road. During the hearing, the petitioner’s advocate Kedar Jena submitted before the court that the decision to collect the toll by a private company namely Shree Jagannath Expressways Private Ltd of Kolkata, at the enhanced rate for use of the six-lane road was illegal, arbitrary and in violation of law. It was further submitted by the petitioner that before construction of the six lanes, the NHAI should not of have issued such a notification. On the other hand, counsel for the company stated before the court that the company and NHAI had entered into an agreement for the development, operation and maintenance of the existing four lanes from Bhubaneswar-Jagatpur-Chandikhol section to six-lane divided carriageway on design, build, finance, operate and transfer basis. The Kolkata-based firm has been given 910 days for completing the construction of six lanes and to collect toll for 26 years with effect from December 14, 2011. The division bench will take up further hearing in the case after vacation.
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