Latest news with #NationalHighwaysAct
The Hindu
7 days ago
- Automotive
- The Hindu
Make appropriate changes in MV Act to avoid mismatch of vehicles during toll collection: Karnataka HC advises MoRTH
The High Court of Karnataka has advised the Union Ministry of Road Transport and Highways (MoRTH) to review the Motor Vehicles Act, 1988, and make appropriate changes to address the issue of mismatch of vehicle type that crops up during collection of toll due to variance in vehicular classifications, particularly buses, under the MV Act, and the rules framed under the National Highways Act, 1956. Justice M. Nagaprasanna passed the order while dismissing a petition filed by Karavali Bus Owners' Association, Udupi, and several individual owners of private buses. The petitioners had questioned deduction of extra toll amount later in addition to the amount deducted from FASTag account instantly when their buses pass through two plazas between Mangaluru and Kundapur due to mismatch in vehicle type. The Court noted that the variance in classification of vehicles in the MV Act and the National Highways Fee (Determination of Rates and Collection) Rules, 2008 framed under the NH Act is the cause for this litigation and hence the MV Act requires statutory refinement. Background of case The petitioners had registered information of their vehicles in FASTag system as 'minibus' even though the registration certificate of the vehicles issued by the Regional Transport Officer (RTO) classified their vehicles as 'bus' with seating capacity of 38. The argument of the petitioner was that the provision of the MV Act states that vehicles with unladen weight of less than 12,000 kgs are classified as Light Motor Commercial Vehicles (LMCVs), which include 'minibus'. However, toll collecting authorities were collecting extra amount, which applicable for 'bus/truck' later as FASTag was deducting lower toll applicable to LMCVs at toll plazas. The toll collecting had relied on the RTO data of the vehicles belonging to the petitioners as the norms framed under the fee collection rules of 2008 describes a light motor commercial passenger vehicle with seating capacity up to 32 as a 'minibus' and as 'bus/truck' if the seating capacity is more than 32 and/or unladen weight of the vehicle is above 12,000 kg. The court pointed out that MV Act describes a vehicle with unladen weight up to 7,500 kg as a light motor vehicle and beyond 12,000 kg as a heavy passenger motor vehicle but there is 'vacuum' in the Act with respect to classification of vehicles between 7,500 kg and 12,000 kg. Registering as minibus The bus owners were registering their vehicle under the category of 'minibus' in FASTag by taking advantage of the MV Act as many of their buses were under 12,000 kg even though the seating capacity exceeded 32, the court noted while pointing out that base rate of toll for LMVCs/minibus is ₹1.05 per km and for bus/truck is ₹2.2 per km. Though the MV Act defines a medium passenger vehicle, the weight of such vehicles is left undefined, and the definition of a 'bus' is nowhere found in the MV Act, the court said. Also, the court noted a clarification given by the RTO to the petitioner-association that irrespective of the unladen weight of the vehicles, all stage carriage vehicles are mentioned as 'bus' in the registration certificates. Since the toll collection is governed by the NH Act and the fee collection rules, and not under the MV Act, the court upheld the action of the authorities in recovering differential toll amount from the FASTag accounts.
Time of India
05-05-2025
- Politics
- Time of India
Don't rely on revenue records alone while fixing compensation for acquired land, rules Kerala high court
Kochi: Kerala high court has held that, while determining compensation for acquired land, the authorities need not be solely guided by entries in revenue records. Justice Viju Abraham delivered the ruling while disposing of a plea by Mano Alex of Kottayam, who sought compensation for her land acquired by the National Highways Authority of India (NHAI). She contended that the land should be treated as 'purayidam' and not as paddy land, as recorded in the revenue entries. The petitioner submitted that the land had been converted prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008, and that she had filed an application in 2010 for its removal from the data bank. Although HC had, in 2024, directed the revenue officials to consider her application, no action was taken. NHAI argued that the petitioner could pursue her claim before the competent authority under the National Highways Act, 1956. Upon examining the records, HC held that the authority must determine compensation by considering various parameters, not just the revenue records. These include title documents, the physical nature and use of the land prior to acquisition, the nature of the locality, infrastructural development in the area, proximity to roads, ease of access and the fair value notification, juxtaposed with the revenue entries. The court emphasised that the authority is statutorily obligated to conduct a comprehensive inquiry on these aspects. The petition was disposed of with liberty to the petitioner to raise all her contentions before the competent authority during the inquiry process.
Indian Express
29-04-2025
- Politics
- Indian Express
Punjab Congress MLA Sukhwinder Singh Kotli, over 170 others booked for blocking national highway during protest
The Jalandhar Rural Police have registered a First Information Report (FIR) against Congress MLA from Adampur, Sukhwinder Singh Kotli, along with approximately two dozen identified individuals and around 150 unidentified persons, for allegedly blocking the Jalandhar-Pathankot National Highway on April 23 during a protest. The protest, led by Sukhwinder Singh Kotli, was staged on the national highway near the Bhogpur Sugar Mill in opposition to the proposed setting up of a Compressed Natural Gas (CNG) plant. The facility, which is to be established within the premises of the sugar mill, would process solid waste collected from the Jalandhar Municipal Corporation area. However, Kotli has voiced strong opposition to the project, citing environmental and public health concerns. According to the Congress leader, the plant would result in the dumping of massive quantities of garbage in and around the sugar mill, creating what he described as an 'unbearable mess' for the residents of the surrounding areas. Kotli has been campaigning against the project for the past eight to nine months, and claims to have raised the issue with the district administration multiple times, alleging that officials have shown little willingness to address public concerns. The FIR against Kotli and others was registered under Section 8B of the National Highways Act, which pertains to obstruction of traffic on national highways and carries a punishment of up to five years' imprisonment. Additional charges have been filed under various sections of the Bharatiya Nyaya Sanhita (BNS), including violations related to noise pollution and public order. Speaking to the media, Kotli confirmed that the FIR was filed on the night of April 23 but only came to light Tuesday. 'I am not afraid of any legal action. I will continue to oppose this project and fight the case through legal means. I am ready to be arrested if the police require my presence,' he said. Kotli also accused the administration of ignoring repeated warnings about the negative consequences the waste processing facility could bring to the local environment and public health. 'We have tried to raise this issue through meetings with the authorities, but they are simply not listening to the concerns of the people who will be directly affected,' he added. The situation remains tense in the area as residents and supporters of the MLA continue to express discontent over the planned plant. Meanwhile, authorities said they are monitoring the developments, and have not ruled out further action against others involved in the protest.
