Karnataka High Court Stays Order on Free Local Passes at Somanahalli Toll Plaza
In a significant development, a division bench of the Karnataka High Court has issued a stay on the operation of directions previously ordered by a single bench regarding the provision of free passes for local residents at the Somanahalli toll plaza located on Kanakapura Road in Bengaluru. This decision comes as a response to an appeal filed by the National Highways Authority of India (NHAI), which argued that the earlier ruling required thorough examination.
Court Proceedings and Immediate Actions
The division bench, comprising Chief Justice Vibhu Bakhru and Justice CM Poonacha, not only stayed the single bench's order but also ordered notices to be issued to the respondents. These respondents include the petitioners who had initially approached the single bench, as well as villagers from Somanahalli, Nelaguli, and Kaggalipura. The bench has directed that the matter be listed for further hearing on April 23, emphasizing that the contentions raised by NHAI demand detailed consideration before any final decision can be made.
Background of the Single Bench Order
The controversy stems from an order passed by the single bench on January 28, which mandated the issuance of free local resident passes at the Somanahalli toll plaza. This order allowed residents unrestricted ingress and egress through the toll plaza on National Highway 209 without any levy of toll or user fees. The single judge based this decision on the observation that the toll plaza's location violated the National Highways Fee Rules. According to these rules, such structures must be situated at least 10 kilometers beyond municipal or local town limits.
In its ruling, the single bench had further stipulated that if the authorities failed to comply with the directions for issuing free passes, they should immediately cease toll collection and relocate the plaza. This was seen as a measure to address the grievances of local communities affected by the toll plaza's placement.
NHAI's Appeal and Arguments
In its appeal to the division bench, NHAI presented several key arguments challenging the single bench's order. The authority claimed that the order was contrary to a judgment of the Supreme Court in a similar case, suggesting that it set a precedent that needed to be considered. Additionally, NHAI highlighted existing exemptions and concessions already in place for local residents.
Specifically, NHAI submitted that:
- Two-wheelers and tractors are exempt from toll charges at the plaza.
- Concessional passes are available to locals at a rate of Rs 340 per month, providing a reduced fee option for frequent users.
These points were raised to demonstrate that measures are already being taken to alleviate the financial burden on residents, and that the single bench's order for completely free passes might be overly stringent.
Implications and Next Steps
The stay order by the division bench temporarily halts the implementation of the free pass directive, pending a more in-depth review of the legal and practical aspects involved. This development has sparked discussions among local residents and stakeholders about the balance between infrastructure funding through tolls and the rights of communities living near such facilities.
As the case moves forward, all eyes will be on the Karnataka High Court's proceedings on April 23, where further arguments are expected to be heard. The outcome could have broader implications for toll plaza policies across the region, especially in areas where similar disputes between authorities and local populations arise.
For now, the status quo remains, with NHAI continuing its toll collection operations at the Somanahalli plaza under the existing framework of exemptions and concessions, while the legal battle unfolds in the courts.
