The Jammu & Kashmir and Ladakh High Court has directed the National Highways Authority of India (NHAI) to reduce toll fees at two major toll plazas on National Highway-44 (NH-44) until construction work on the highway is completed. The court emphasized that collecting tolls on a deteriorated highway is “a violation of fair service” and “unfair for commuters to continue paying tolls” when the road conditions do not match the standards promised.
The Division Bench of Chief Justice Tashi Rabstan and Justice MA Choudhary ruled that only 20% of the toll fee should be charged at Lakhanpur and Bann toll plazas. The order comes as a major relief for commuters traveling between Pathankot and Udhampur, who have long complained about the highway’s poor condition.
Court Slams Unjust Toll Collection
The court was hearing a Public Interest Litigation (PIL) filed by petitioner Sugandha Sawhney, who argued that tolls should not be levied on NH-44 while it undergoes construction under the Delhi-Amritsar-Katra Expressway project. Taking note of the ground reality, the court remarked:
“If this highway is in a deteriorated condition and uncomfortable to drive on, it is considered unfair for commuters to continue paying tolls. The basic premise is that tolls should be a form of compensation for road users in exchange for smooth, safe, and well-maintained highways.”
The court observed that NH-44 has been reduced to a single lane at several locations, with vehicles being forced to use dirt paths due to ongoing construction. It also pointed out that the government had failed to suspend toll collection, and instead, had increased toll charges at Lakhanpur and Bann toll plazas after closing the Thandi Khui toll plaza on January 26, 2024.
“It seems the general public is being made to suffer on both counts, i.e., bad highway due to construction activities and hefty toll. The general public/commuters are feeling cheated as they are being forced to pay tolls for the highway, which at present is in a poor and shabby condition,” the court stated.
Key Directives Issued by the Court
The High Court issued several strong directives to ensure fairness in toll collection:
- Toll Fee Reduction: Only 20% of the toll fee will be charged at Lakhanpur and Bann toll plazas until NH-44 is fully operational. The full toll can only be levied after an independent survey certifies the highway’s completion.
- Ban on Toll Plazas Within 60 km: No toll plaza can be established within a 60-km distance on NH-44. Any existing toll plaza violating this rule must be removed within two months.
- Reassessment of Toll Fees: The Union Ministry has been directed to reconsider the existing toll fees at all toll plazas across J&K and Ladakh, calling the current charges “too high.” A fair and reasonable toll structure must be decided within four months.
- Employment of Verified Personnel: Contractors and NHAI must ensure that no toll plaza employees have a criminal background. The local police will be responsible for verifying the personnel.
The court also referred to Union Minister Nitin Gadkari’s statement at a global workshop on satellite-based tolling, where he had remarked that there was “no justification for highway agencies charging toll if roads are not in good condition or not up to their standards.”
This ruling is expected to bring much-needed relief to thousands of daily commuters on NH-44 and set a precedent for fair toll collection policies across the country.
Case: Sugandha Sawhney vs Union of India and Others – Available on LAWFYI.IO
