The Jammu and Kashmir and Ladakh High Court has ordered the National Highways Authority of India (NHAI) to reduce toll collection on a poorly maintained part of NH-44. The court said that tolls cannot be charged if the highway is in bad condition due to ongoing construction work, according to a report by TOI.
NHAI told to collect only 20% toll
A bench of Chief Justice Tashi Rabstan and Justice M A Choudhary, while hearing a Public Interest Litigation (PIL) on the Pathankot-Udhampur stretch, directed NHAI to collect only 20% of the toll at Lakhanpur and Bann plazas. The order takes effect immediately and will stay in place until the highway is fully operational for public use.
Ban on toll plazas within 60 km
The court also ruled that no toll plaza should be set up within 60 km on NH-44. It ordered that such toll plazas in Jammu and Kashmir and Ladakh be removed within two months. The court stated, “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.”
Petitioner raises issue of bad roads
The PIL was filed by Sugandha Sawhney, who sought a toll exemption at Lakhanpur, Thandi Khui, and Bann plazas on NH-44. She pointed out that despite 60% to 70% of the highway being under construction since December 2021, toll collection continued, violating regulations. As per the rules, tolls should be collected only 45 days after a project is completed. The petition highlighted severe hurdles and diversions along the route. Toll collection at Thandi Khui was stopped on January 26, 2024.
Court calls toll collection unfair
The court ruled that drivers should not be forced to pay full toll fees when the highway lacks proper infrastructure. It stated, “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.”
NHAI admitted that construction work had reduced the four-lane highway to a single lane in most sections. The court noted that “NH-44 from Pathankot to Bann toll plaza to Domel (Katra) is in a poor and deteriorated condition, there are grave hurdles, potholes and diversions due to complete destruction of this particular NH.”
Minister’s statement on toll collection
The court acknowledged that the public is suffering due to both bad roads and high toll charges. It referred to a statement by Union Road Transport and Highways Minister Nitin Gadkari, who said at a global workshop in June 2024, “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.”
The ruling is likely to affect similar cases where tolls are charged despite highways being under construction. NHAI will now have to ensure that road conditions match the toll charges imposed on commuters.