Toll should not be collected when highway is in bad shape: Jammu & Kashmir High Court

Jammu: In a significant relief for travelers on National Highway-44 (NH-44) between Pathankot and Udhampur, the Jammu & Kashmir and Ladakh High Court ruled on Tuesday that only 20 percent of the toll fee will be charged at two toll plazas until construction is completed. This decision came during the case of Sugandha Sawhney v. Union of India and Others, where the Court emphasized that tolls are meant to compensate users for well-maintained roads. Given the current poor condition of the highway due to ongoing construction, the Court deemed it unfair to continue full toll collection.

The Public Interest Litigation (PIL) was filed by Sugandha Sawhney, who represented herself, seeking exemption from toll fees at the Lakhanpur, Thandi Khui, and Bann toll plazas, which are part of the Delhi-Amritsar-Katra Expressway project. The Thandi Khui toll plaza has not collected tolls since January 26 of the previous year.

The Court acknowledged that the highway is undergoing significant construction, resulting in reduced lanes and a poor driving experience, which causes frustration among commuters. It highlighted that charging full tolls under such conditions violates the principle of fair service, as users are not receiving the quality infrastructure they are paying for.

Despite the ongoing construction, the authorities had increased toll fees at the Lakhanpur and Bann toll plazas when the Thandi Khui plaza was closed, further compounding public grievances. The Court noted that the current state of NH-44 is marked by potholes and diversions, and it criticized the authorities for not suspending toll collection during construction.

The Court issued several directives, including:

1. The respondents must withdraw the order redistributing toll influence lengths from Lakhanpur to Udhampur within a week.
2. Only 20 percent of the toll fee will be collected at Lakhanpur and Bann toll plazas until the highway is fully operational, with full fees charged only after an independent survey confirms the road’s condition.
3. No new toll plazas should be established within 60 kilometers of NH-44, and existing ones in Jammu and Kashmir or Ladakh must be removed within two months.
4. The Court called for a review of toll rates at all plazas to ensure they are fair and not merely revenue-generating, with a decision expected within four months.
5. Contractors must not employ individuals with criminal backgrounds at toll plazas, and all employees must be verified by local police.

Overall, the Court’s ruling aims to ensure that toll fees reflect the quality of the road infrastructure and protect the interests of the public.