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Old 07-22-2008, 04:56 AM
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Exclamation Toll tax can be levied - Central Govt

The Union government says it's empowered to levy toll tax on motorists using any highway, including the Delhi-Gurgaon Expressway. The government's counsel Rajiv Mehra's told Delhi High Court as he countered a petitioner's challenge to the levy who said that without providing alternative roads (which do not have a usage charge) to daily commuters on the Delhi-Gurgaon Expressway, the National Highway Authority of India (NHAI) could not force them to pay a toll tax.

"Those who don't want to use the Delhi-Gurgaon Expressway can use the Mehrauli-Gurgaon road daily travel," Mehra argued. He said the government has the power under the NHAI Act to levy toll tax on the users of this road.

A bench of Chief Justice A P Shah and Justice S Muralidhar is hearing a PIL filed by Vivek Bharat Ram challenging the Centre's step to levy toll tax on daily commuters for using the expressway.

He contended that at present a commuter has to pay Rs 17 for one-way use of the road. There are two side roads meant for the two- and three-wheeler users but there are no alternative roads for car drivers to escape the toll tax, he said.

Seeking the court's intervention in the matter, Ram sought a direction to the government for removing toll tax, as it would amount to be a burden on the daily users.

The judges expressed their in ability to intervene into a policy decision taken bythe government but said it would hear arguments on the next date of hearing onthe limited issue that if there is any lawwhich don't empower the Centre to levy such a tax.
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