Guwahati, March 17: The Gauhati High Court has passed a significant order declaring the checkgates at Khanapara, Khanamukh and Saraighat in the city illegal and held that the Assam government does not have any power to frame legislation for imposing a toll on vehicles plying on the national highway. The judgment was delivered today by Justice I.A. Ansari of the high court in response to a writ petition filed by Mohammed Zakir Hussain.
The court also held that the Guwahati Municipal Corporation (GMC) has acted beyond its competence in enacting the 1997 bylaws and applying them to the vehicles and animals entering the municipal area but passing over national highways.
The court also quashed the lease granted by the GMC in favour of private parties for collection of toll at the checkgates on national highways.
Justice Ansari also held the establishment of parking places on national highways illegal. The court observed that the GMC Act of 1971 gives no indication that the municipal corporation can have toll collected on its behalf by private lessees and so the corporation cannot delegate its power of collection of toll to any agent. In view of this, the court held that the levy being collected under the 1997 bylaws made in pursuance of the power under Section 416 (1) (C) of the 1971 GMC Act was illegal.
Sources said checkgates like the ones at Khanapara on National Highway 37, at Saraighat on National Highway 31 and at Khanamukh on National Highway 37 were a perennial source of harassment for truck-owners, who have to cough up extortion money for the lessees.