Toll to be reduced by 80%. Jammu & Kashmir High court directs NHAI, citing commuters have to use poorly maintained highways
Toll to be reduced by 80%. Jammu & Kashmir High court directs NHAI, citing commuters have to use poorly maintained highways
The decision is anticipated to influence comparable cases involving highways that are still under construction while full toll fees are being charged.
In a noteworthy decision with potential broader implications, the Jammu and Kashmir and Ladakh High Court has instructed the National Highways Authority of India (NHAI) to lower toll fees on a section of NH-44 that is in poor condition. The court emphasized that tolls should not be imposed when the highway is compromised due to ongoing construction activities, according to a report by TOI.
A bench led by Chief Justice Tashi Rabstan and Justice M A Choudhary, during the proceedings of a Public Interest Litigation (PIL) concerning the Pathankot-Udhampur segment, has instructed the NHAI to charge only 20% of the toll fees at the Lakhanpur and Bann plazas. This order is to be implemented immediately and will stay in effect until the highway is completely accessible for public use.
The ruling came as a response to a PIL. A public interest litigation was submitted by Sugandha Sawhney, requesting an exemption from toll fees at the Lakhanpur, Thandi Khui, and Bann plazas along NH-44. She contended that toll collection has persisted in contravention of regulations, even though 60% to 70% of the highway has been undergoing construction since December 2021.
The court has determined that no toll plazas are to be constructed within a 60 km radius of NH-44. Furthermore, it has mandated the removal of any existing toll plazas in the Union Territories of Jammu and Kashmir and Ladakh within a two-month timeframe.
“Further, there should not be mushrooming of toll plazas in the UT of J&K and the UT of Ladakh only with the sole aim and objective of minting money from the general public.”
The regulations specify that toll collection may commence only after a period of 45 days following the completion of the project. Additionally, the petition brought attention to significant obstacles and detours present along the route. As a result, toll collection at Thandi Khui was suspended on January 26, 2024.
“This is based on the principle that tolls are collected to provide users with the benefit of well-maintained infrastructure. If this highway is in a deteriorated condition and uncomfortable to drive on, it is considered unfair for commuters to continue paying tolls, rather the same is a violation of fair service,” says the court, observing commuters should not be charged full toll fees when the highway lacks proper infrastructure.
The court acknowledged the difficulties faced by the general public stemming from poor road conditions and elevated toll fees. It cited remarks made by Union Road Transport and Highways Minister Nitin Gadkari during a global workshop on satellite-based tolling in June 2024, where he stated, “There is no justification of highway agencies charging toll if roads are not in good condition or not up to their standards and people continue to face problems.”
