SC upholds law exempting armed forces from toll

NHAI letter clarifying the exemption for all serving service personnel, retired service personnel (yes!) and dependents (yes! yes!!). Keeping a copy in your car's glove compartment should be handy.

SC upholds 105-year law exempting armed forces from toll
Upholding provisions of the 105-year old Indian Tolls Act, the Supreme Court on Friday dismissed a special leave petition (SLP) seeking withdrawal of concessions provided to Armed Forces personnel under the Act.
A Division Bench comprising Mr Justice Ashok Bhan and Mr Justice Markandey Kadju declined to interfere in the directions issued by the Punjab and Haryana High Court, which had dismissed a petition filed by a Chandigarh resident, Sanjeev, in May. Sanjeev had challenged the provisions of the Act on the ground that it was discriminatory, unconstitutional and against the spirit of Article 14 of the Constitution of India which provided for equality before law. He had also contended that other central government employees and members of the para military forces are not entitled to such concessions.
The HC Division Bench, comprising Mr Justice H S Bedi and Mr Justice Ranjit Singh, however, ruled to the contrary and had dismissed the petitioner’s contentions. Thereafter, he had filed a SLP in the apex court against the HC order.
Section 3(a) of the Indian Tolls (Army & Air Force) Act, 1901, provides for toll tax exemption on all public or private roads and bridges in India to officers and men of the regular forces whether they are on duty or not. Further civil vehicles and animals moving under military orders, are also exempted from payment of toll tax. The Act also has an overriding clause, which causes it to override all other Acts or directions by any legislature or central or state government in India.
The controversy regarding applicability of the Act began a few years ago, when private toll operators under the Build-Operate- Transfer (BOT) system on various roads and bridges had started refusing toll exemption to defence personnel and in certain cases even to defence vehicles.
The issue had then been settled after Chandigarh-based lawyer, Capt Navdeep Singh, took up the matter with the Central Government in 2004 and instructions were issued by government thereafter that the Act was very much applicable to toll roads and bridges being operated under the BOT schemes or otherwise. The instructions also clarified that the Act was applicable even to private vehicles belonging to personnel of the regular forces.
While the problem of illegal charging of toll tax has more or less been settled with the instructions being circulated all over, sporadic incidents of harassment of defence personnel continue to be reported mainly from the Delhi-Noida- Delhi Flyway and from some areas of Himachal Pradesh.
'With a warm handshake in thought'
Sovakar

Latest status and clarification
Sir,
This is in reference to the toll exemption letter placed on your blog which supposedly grants toll exemption to ESM.
While the news report reproduced in your blog related to the toll issue taken up by me is old news (2006), it only relates to serving personnel. The letter for ESM is fake. It has been forged by some mischievous elements. The news report originally appeared here in Sept 2006: click here
Toll exemption is not available to ESM and I have clarified it on my blog a number of times, the latest being: click here
Regards
Navdeep
Maj Navdeep Singh
Major Navdeep Singh is an author, activist, lawyer and a member of the Indian Territorial Army- click here to read more.

We thank Maj Navdeep for the latest position and clarification. The ESM are not exempted from the Toll Tax while travelling in the National Highways. The purported NHAI letter is a Fake (like all other Fakes in India).
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