The Jammu and Kashmir High Court directed 80% reduction in the toll fee at two toll plazas on the National highway-44 until the completion of construction.
The court said that the National Highway was in a deteriorated state, making toll collection unfair and unreasonable.
“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 violation of fair service.
Certainly, the commuters and drivers must be feeling frustrated by the poor state of this particular highway they are paying to use. 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
The court observed that commuters are being unfairly charged as they are not receiving the value they are paying for in terms of quality infrastructure.
The court added that the basic premise is that tolls should serve as a form of compensation for road users in exchange for smooth, safe, and well-maintained highways.
A bench of Chief Justice Tashi Rabstan and Justice M.A. Chowdhary observed that it was expected from the Government to suspend toll collection until the Delhi-Amritsar-Katra Expressway becomes fully operational. However, instead of suspending toll collection, the respondents have increased the toll fees at Lakhanpur Toll Plaza and Bann Toll Plaza.
The court said that the general public is feeling angered because they are forced to pay hefty tolls for shabby and under-constructed roads.
The court also said that Union Minister for Road, Transport and Highways, Nitin Gadkari at a Global Workshop on Satellite-based tolling said that there is no justification of highway agencies charging toll, if roads are not in good condition or not upto their standards and people continue to face problems.
The court observed that the National Highway Fee Rules are also being violated, which require that the spacing between two adjacent toll plazas should be 60 km.
The court noted that the distance between Sarore Toll Plaza and Bann Toll Plaza is only 47 km, causing a grave violation.
The court stated that millions of devotees visit the Mata Vaishno Devi Shrine, and in order to mint money from these pilgrims, the respondents have purposefully established Bann Toll Plaza before Domel without adhering to the 60 km rule between two plazas. As a result, travelers are forced to pay tolls at multiple plazas despite using only small sections of the highway.
The court also expressed concerns over toll operators employing individuals (gundas) with criminal records, affecting public safety.
The court directed the respondents and the contractors not to employ any person at the toll plazas who has a criminal background.
They were further instructed to deploy personnel at the toll plazas only after verification by the concerned police agency.
A Public Interest Litigation (PIL) was filed by the petitioner seeking exemption from toll tax at Lakhanpur, Thandi Khui, and Bann Toll Plazas along National Highway-44 until the Delhi-Amritsar-Katra Expressway project is fully operational. The National Highway from Udhampur to Lakhanpur (Punjab) has been under construction since 2021.
The petitioner argued that about 70% of the highway is under construction, with severe diversions and potholes, and that toll tax should only be collected after the construction is fully completed as per Rule 3(1) & 3(2) of the National Highways Fee Rules.
The court directed that toll tax at the two toll plazas must be reduced by 80% immediately until the national highway is fully operational. It also ordered the removal of any toll plaza situated within 60 km of another. Additionally, the court mandated police verification before employing anyone at the toll plazas.