MUDASSIR KHALID ABBASI, J.---Through this petition under Article 199 of the Constitution, petitioner/Board has challenged the schedule regarding rates of toll issued by respondents/NHA (Annex-A) and seeks exemption from paying excess amount of toll on the vehicles owned by the petitioner/Board.
2. Brief facts of the case are that petitioner/Board is a body-corporate, meant to arrange, control and process the Secondary School Certificate, Intermediate and Linguistics examinations and has got various vehicles, which ply for all important affairs thereof. Vide impugned schedule issued by respondents, pick-ups of all types including Hilux Single/Double Cabin, are liable to pay toll, at the rate of Rs,25/-, per crossing, whereas Toyota Hilux vehicles, owned by the petitioner/ Board according to them are meant only for educational and examination purposes and w,e,f, 01.07.2009, in the line of said schedule, respondents are charging excess amount of toll.
3. Learned counsel for the petitioner contends that petitioner/board stands constituted under section 3(1) of the Punjab Boards of Intermediate and Secondary Education Act, 1976, controlled by the Government of Punjab, as envisaged under the provisions thereof' . In terms of Schedule (Annex-A), impugned herein, respondents are charging Rs,25/- per crossing from the Hilux/double cabin vehicles, owned by the petitioner/board. These vehicles operate in connection with the official's duties/affairs of the board and not for the purpose of carrying passengers, as indicated in the column-2 of the Schedule. Therefore, excess levy and collection of toll on the official vehicles of the petitioner is unjust. Therefore, the same be set aside and declare unlawful.
4. Conversely, learned counsel for the respondents Nos, 1, 2 and 3/National Highway Authority has vehemently opposed the arguments advanced by the petitioner and states that according to section 10 of the National Highway Act, 1991 as amended up to date, powers of NHA are defined, and Authority may take such measures and exercise such powers as it considers necessary or expedient for carrying out purposes of the Act. Further states that total length of roads under the control of NHA is 9253 KM. Seven billion rupees are required every year to maintain this road network. NHA is collecting four million rupees from toll tax and commercial use of right of Way. Toll exemption for government vehicles has been withdrawn to shorten the gap between requirement and availability of funds. Further contends that petitioner's all vehicles are liable to pay toll tax at the prescribed rate according to the schedule rates. NHA Act, 1991 empowers NHA to levy and collect tolls of National Highways and Motorways, strategic road and other roads specially entrusted to it and this amount is utilized for development, upkeep, operation and maintenance of roads. Lastly, prayed for dismissal of the writ petition.
5. Arguments heard. Record perused.
6. Sole question involved in this case is that as to whether the respondent (NHA) is empowered to levy and collect the toll from the petitioner. In this regard, section 10(2)(v ii) of National Highway Authority Act, 1991 is reproduced as under:- "10. The powders of the Authority, (1)The Authority may take such measures and exercise such powers as it considers necessary or expedient for carrying out the purposes of this Act.
(2)Without prejudice to the generality of the powers conferred by subsection (1), the Authority may for the purpose of carrying out the purposes of this Act?
(vii) levy, collect or cause to be collected tolls on National Highways, strategic roads and such other roads as may be entrusted to it and bridges thereon.
7. National Highways Authority Act, 1991 established, National Highways Authority (NHA), for planning, development, operation and maintenance of National Highways and strategic roads and matter connected therewith. To meet its resource requirement, the NHA, in terms of section 10(2)
(vii) is conferred power to levy and collect tolls on National Highways, strategic roads and bridges under it domain.
8. Road transport is a key component of the economic and social development process. Emphasis of work of road sector management has been shifted from construction to maintenance and road. administrators are more concerned about the preservation of present road assets. Maintenance reduced the rate of payment deterioration and it lowers the cost of operating vehicles on the road by improving the running surface and it keeps the road open on a continuous basis. Improvement in maintenance standards has resulted in increasing the maintenance cost which can be fulfilling by collecting tolls on National Highways.
9. Bare reading of the Section 10(2)(vii) of National Highway Authority Act, 1991 makes it clear that so far as the lawful authority of respondents is concerned, certainly aforesaid provision authorizes the respondents to levy/collect tolls on national highways, unless a specific exemption has been granted to any class/kind of vehicles. It appears that the respondents had been granting exemptions to certain vehicles belonging to the Government and had been withdrawing the same, as well, from time to time.
10. Since respondents/National Highway Authority is responsible for development, upkeep, operation and maintenance of highways network throughout the country, therefore, petitioners cannot claim exemptions from payment of toll in any category unless not specifically exempted by the respondents. Petitioners are liable to pay toll to respondents according to the schedule rates of each category of vehicles which may be increased or decreased by NHA at its discretion time to time.
11.During the course of hearing petitioner could not controvert the stance taken by the respondents. Case law referred by the petitioner is in apt and does not attract to the present case.
Furthermore, nothing has been placed on record by the petitioner to show that the toll has not been levied according to law. Moreover, petitioner has not challenged/questioned the maintenance, upkeep or operations of the highway/road.
12.Concept of toll is generally applied to the consideration which is paid to maintain the use of a road and highway. Term toll has been defined in Black's Law Dictionary as:- "The price of the privilege of travel over that particular highway and it is a quid pro quo and rests on principle that he who receives the toll does or has done something as an equivalent to him who pays it."
13. What has been discussed above, this petition does not succeed and is dismissed with no order as to costs.