Toll Fees Cut on Poorly Maintained NH-44 Highway.
In a landmark decision that resonates with public sentiment and highlights the growing concern over infrastructure quality, the Jammu and Kashmir and Ladakh High Court has intervened to halt the unfair toll collection practices on a dilapidated stretch of National Highway 44 (NH-44). The court ruled that toll charges should be significantly reduced on the poorly maintained Pathankot-Udhampur stretch, citing ongoing construction work that has left the road in an unacceptable state for commuters.The ruling, which took place on February 27, directs the National Highways Authority of India (NHAI) to collect only 20% of the standard toll at the Lakhanpur and Bann toll plazas.
This directive is effective immediately and will remain in place until the road reaches an acceptable standard for public use. The court’s decision marks a significant moment in the ongoing discourse on fair toll collection practices in India, particularly when road conditions fail to meet the expectations of users who pay for smooth and efficient travel.
The case was brought to the court’s attention by Sugandha Sawhney, a concerned citizen, who filed a Public Interest Litigation (PIL) citing the severe degradation of the highway due to the extended construction work that began in December 2021. Despite the fact that 60% to 70% of the highway has remained under construction, the toll charges continued unabated. Sawhney’s petition highlighted the inconvenience faced by commuters, pointing out the traffic diversions, potholes, and other hazards that make the highway almost impassable at various points.
In its ruling, the bench comprising Chief Justice Tashi Rabstan and Justice M A Choudhary noted that it is unjust for commuters to continue paying full tolls when the infrastructure is in a state of disrepair. The court recognised that the purpose of tolls is to ensure the maintenance of high-quality roads, and that when these roads are substandard or unsafe, it is neither fair nor reasonable to burden the public with full toll fees.The NHAI had defended its position, stating that the ongoing construction work had caused the highway to be reduced to a single lane in many sections, which further exacerbated traffic issues. However, the court was firm in its stance, observing that toll collection must align with the level of service provided to commuters. In this case, with a large portion of NH-44 in a damaged and incomplete state, the full toll fees were deemed a violation of fair service principles.
Furthermore, the court imposed restrictions on the establishment of new toll plazas along the NH-44 route, prohibiting their construction within a 60-kilometre radius of the highway. In a direct rebuke to what it described as the “mushrooming” of toll plazas in the region, the court instructed that any existing toll booths within the Union Territories of Jammu and Kashmir and Ladakh be dismantled within the next two months. This decision aims to curb the rising trend of toll collection centres, which have been criticised for placing an additional financial burden on the general public. The ruling also touches on a broader issue that has plagued highway infrastructure in India.
It follows a statement made earlier by Union Minister Nitin Gadkari, who highlighted the need for toll collection only on roads that are in good condition. His remarks, made in June 2024, underscored that the public should not be charged tolls on poorly maintained or incomplete roads, which in many cases, remain riddled with potholes and construction delays.This ruling is expected to have wider implications for similar ongoing infrastructure projects across India, especially as public dissatisfaction with high tolls amid poor road conditions continues to grow. The judgment forces NHAI and other highway agencies to reconsider their toll policies and places a spotlight on the importance of maintaining a balance between toll collection and the quality of road infrastructure. In the face of rising expectations for better roads and equitable services, this legal intervention could set a precedent for other regions grappling with similar issues of road maintenance and toll fairness.
