J&K HC Rules No Toll on Poor-Condition Highways
The Jammu and Kashmir and Ladakh High Court has ruled that the National Highways Authority of India (NHAI) and its concessionaires cannot charge toll tax on highways in poor condition due to ongoing construction work. The ruling came after a public interest litigation (PIL) was filed regarding the deteriorating state of the Pathankot-Udhampur stretch of National Highway 44 (NH-44), a critical corridor that connects several key cities in the region.
The court’s bench, consisting of Chief Justice Tashi Rabstan and Justice M A Choudhary, concluded that if a highway is in poor condition due to construction activities, it is unjust to continue toll collection from commuters who are not receiving the expected benefits of smooth, well-maintained roads. In response to the PIL, the court ordered an immediate reduction in toll fees, instructing the NHAI to collect only 20% of the toll fees at two toll plazas—Lakhanpur and Bann—until the road is fully operational and capable of providing a safe, comfortable experience for users.The petitioner, Sugandha Sawhney, argued that large portions of the Pathankot-Udhampur stretch have been under construction since December 2021 as part of the Delhi-Amritsar-Katra Expressway project. Despite this, toll fees were still being collected at the Lakhanpur, Thandi Khui, and Bann plazas, even though a significant part of the stretch remains unfinished. According to the petition, this is in violation of the rule stating that toll fees should only begin to be collected once a section of the highway has been completed and is in good condition, a regulation that clearly was not being followed in this case
The court’s ruling also took aim at the broader issue of toll collection, noting that the NHAI had failed to implement provisions that would reduce or suspend toll fees for unfinished or deteriorated roads. The bench pointed out that while the NHAI holds the authority to adjust tolls based on road conditions, it has rarely used this power. As a result, commuters often find themselves paying full toll fees for roads that are unfit for use, plagued by potholes, diversions, and poor maintenance.
In addition to slashing toll fees, the court directed that no new toll plazas should be established within a 60-kilometre stretch of NH-44. It also mandated the removal of existing toll booths within the two Union Territories of Jammu & Kashmir and Ladakh, within two months.
The court’s judgment sent a strong message that the proliferation of toll plazas, which serve to collect money rather than improve infrastructure, would no longer be tolerated. “There should not be a mushrooming of toll plazas in these territories solely to extract money from the public,” the court stated.The ruling also drew attention to the broader issue of infrastructure quality and the ethical responsibility of the NHAI and contractors to ensure that tolls serve as compensation for road users who rely on smooth and safe highways. The court’s remarks echoed the statements of Union Minister for Road Transport and Highways, Nitin Gadkari, who, in a recent workshop, emphasised that tolls should not be levied when roads do not meet required standards.
This decision, which holds significant implications for commuters, road users, and the broader highway construction ecosystem, is a reminder of the need for fair and transparent toll collection practices. It highlights the urgent need to ensure that infrastructure development projects not only adhere to timelines but also deliver the promised quality and convenience to the public. The ruling also reinforces the growing importance of judicial intervention in ensuring that the rights of consumers are protected, particularly when it comes to essential services like road transport.
The reduction in tolls and the directive to improve infrastructure will hopefully serve as a precedent for future cases where toll collection practices are questioned in relation to road quality. It is a critical step toward ensuring that the needs and rights of commuters are respected while still allowing for necessary infrastructure development across India.
