- 1 - HC-KAR NC: 2025:KHC:43831-DB WP No. 26114 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26114 OF 2024 (GM-RES-PIL) BETWEEN: 1. SRI BASAVARAJU G S AGED ABOUT 32 YEARS S/O SAMPANGAIAH PROFESSION AS AN ADVOCATE RESIDENT #1, GOLLARAPALYA VILLAGE SHANUMANGALA POST RAMANAGAR TALUK AND DISTRICT 2. SMT. POOJA L AGED ABOUT 26 YEARS D/O SRI. LOKESH HOUSE WIFE F-68, BEL LAYOUT, 1ST PHASE MAGADI MAIN ROAD BANGALORE - 560 091 …PETITIONERS (BY SRI KOWSHIK B.S., ADVOCATE) AND: 1. NATIONAL HIGHWAY AUTHORITY OF INDIA BY IT'S CGM (T) / REGIONAL OFFICER SY.13, 14TH KM, NEAR DEEPAK BUS STOP NAGASANDRA MS RAMAIAH ENCLAVE BANGALORE - TUMKUR ROAD (NH-4) BANGALORE - 560 073 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43831-DB WP No. 26114 of 2024 2. UNION OF INDIA THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWANA 1, PARLIAMENT STREET NEW DELHI - 110 001 BY ITS SECRETARY 3. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO.320, 3RD FLOOR VIDHANA SOUDHA BANGALORE - 560 001 4. THE DEPUTY COMMISSIONER KRISHNARAJA BOULEVARD ROAD MYSORE DISTRICT, MYSURU KARNATAKA - 570 001 5. THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT KARNATAKA ROOM NO.335 3RD FLOOR, VIKASA SOUDHA BANGALORE - 560 001 …RESPONDENTS (BY SRI S. SUDHARSAN, ADVOCATE FOR R-1, SMT. M.S. ANUPAMA HEGDE, CGSC FOR R-2 & SMT. SMT. NILOUFER AKBAR, AGA FOR R-3 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO DECLARE AND DIRECT THE RESPONDENTS THAT THE NHAI ROAD WHICH IS NHAI TO TOLL PLAZA NAMED KN HUNDY NH766 AND NHAI TOLL PLAZA NAME YEDDORE FP, KERALA BORDER TO KOLLEGAL TOLL ROAD, MYSORE DISTRICT, KARNATAKA INDIA HELD BE UNCONSTITUTIONAL, UNAUTHORIZED AND ILLEGAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:43831-DB WP No. 26114 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as a public interest litigation, inter alia, praying as under: "1. Declare and direct the respondents that the NHAI road which is NHAI toll Plaza named KN Hundy NH766 and NHAI toll Plaza name Yeddore FP, Kerala Border to Kollegal toll road, Mysore District, Karnataka, India held be unconstitutional, unauthorised and illegal. 2. Declare and direct the respondents that the mandatory provision of service road, or bypass road or any alternative road to travel from one place to another while concerning to collection of toll fee. 3. Direct appropriative authority to penal charges against stakeholders of unconstitutional and unauthorized NHAI toll road and Toll fee being collection. 4. Direct respondents or Pass injunction order to stop collection as toll fee against use of NHAI road which is NHAI toll Plaza named KN Hundy NH766 and NHAI toll Plaza named Yeddore FP, Kerala Border to Kollegal toll road, Mysore District, Karnataka, India, until reconstruct or renovation or gives provision of Service Road or any alternative road to travelalong with contains all facilities accordance with provision of NHAI law and other law for time being in force. - 4 - HC-KAR NC: 2025:KHC:43831-DB WP No. 26114 of 2024 5. Pass such other orders, any other writ, direction and further orders as may be deemed necessary on the facts and in the circumstances of the case in the ends of the justice." 2. It is the petitioners' case that constitutional right of the citizens is infringed by levy of toll on National Highways and in particular, National Highway connecting the City of Mysuru to Himavad Gopalaswamy Temple. The petitioners contend that levy of toll for use of highways offends Article 19(1)(d) of the Constitution of India inasmuch as it restricts free movement of the citizens. The petitioners also claim that it is mandatory for the respondents to provide a service road or a bypass road, which would provide an alternative to the persons to travel across the length and breadth of India without paying toll. 3. The petitioners also submit that part of the national highways are constructed through public funded projects and, therefore, in terms of Rule 3 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008, exemption from toll is required to be granted for section of national highway, permanent bridge, bypass or tunnel constructed through public funded projects. - 5 - HC-KAR NC: 2025:KHC:43831-DB WP No. 26114 of 2024 4. We find no merit in the contentions advanced by the petitioners. We are unable to accept that there is any fundamental right, which entitles the citizens to travel on national highways without paying toll. 5. The payment of toll is to fund the infrastructure development which is used by the users. The fact that a citizen has to pay fee for use of infrastructure does not, in any manner, restrict his fundamental rights. The petition is premised on a fundamentally flawed assumption that freedom to move freely throughout the territory of India means that modes and facilities to travel are require to be provided free of costs. 6. Having stated the above, we note that the factual premise on which the petition is premised is also erroneous. The print out of the Google Maps as placed on record does indicate that there is an alternate road available from Mysuru to Himavad Gopalaswamy Temple, which does not require the users to pay any toll. 7. The contention that Rule 3 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 [hereafter 'the - 6 - HC-KAR NC: 2025:KHC:43831-DB WP No. 26114 of 2024 said Rules'] enjoins the respondent to grant exemption from toll is also unmerited. Rule 3 of the said Rules reads as under: "3. Levy of fee.- (1) The Central Government may by notification, levy fee for use of any section of national highway, permanent bridge, bypass or tunnel forming part of the national highway, as the case may be, in accordance with the provisions of these rules: Provided that the Central Government may, by notification, exempt any section of national highway, permanent bridge, bypass or tunnel constructed through a public funded project from levy of such fee or part thereof, and subject to such conditions as may be specified in that notification. (2) The collection of fee levied under sub-rule (1) of rule 3, shall commence within forty-five days from the date of completion of the section of national highway, permanent bridge, bypass or tunnel, as the case may be, constructed through a public funded project. (3) In case of private investment project, the collection of fee levied under sub-rule (1) shall be made in accordance with the terms of the agreement entered into by the concessionaire. (4) No fee shall be levied for the use of the section of national highway, permanent bridge, bypass or tunnel, as the case may be, by two wheelers, three wheelers, tractors and animal drawn vehicles: Provided that three wheelers, tractors and animal-drawn vehicles shall not be allowed to use the section of national highway, permanent bridge, bypass or tunnel, as the case may be, where a - 7 - HC-KAR NC: 2025:KHC:43831-DB WP No. 26114 of 2024 service road or alternative road is available in lieu of the said national highway, permanent bridge, bypass or tunnel: Provided further that where service road or alternative road is available and the owner, driver or the person in charge of a two wheeler is making use of the section of national highway, permanent bridge, bypass or tunnel, as the case may be, he or she shall be charged fifty per cent, of the fee levied on a car. Explanation1.- For the purposes of this rule,- (a) “alternative road” means such other road, the carriageway of which is more than ten meters wide and the length of which does not exceed the corresponding length of such section of national highway by twenty per cent. thereof; (b) “service road” means a road running parallel to a section of the national highway which provides access to the land adjoining such section of the national highway. (5) The fee notified by the Central Government under these rules shall be rounded off and levied in multiple of the nearest Rupees five." 8. It is apparent from the plain language of the proviso to Rule 3 (1) of the said Rules that it is not mandatory to grant the exemption. However, the proviso does enable the central government to grant exemption in respect of any section of national highway, permanent bridge, bypass or tunnel are constructed through a public funded project. - 8 - HC-KAR NC: 2025:KHC:43831-DB WP No. 26114 of 2024 9. The petition is unmerited and is, accordingly, dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 34