J&K High Court orders toll reduction at 2 NH plazas until work finishes

Srinagar: In a significant development for commuters using the National Highway-44 (NH-44) from Pathankot to Udhampur, the Jammu & Kashmir and Ladakh High Court on Tuesday ordered a reduction in toll fees at two plazas along the highway.
According to the judgment the court ruled that only 20 percent of the toll fee should be collected until the completion of the construction work under the Delhi-Amritsar-Katra Expressway project.
A Bench comprising Chief Justice Tashi Rabstan and Justice MA Choudhary stated that toll fees should not be collected from commuters if the highway is in poor condition due to ongoing construction.
The court said that tolls are intended to compensate users for smooth, well-maintained infrastructure. However, the current state of the highway, marked by diversions and potholes, fails to provide such facilities to travelers. “It is unfair to continue charging tolls when the road is in a deteriorated condition,” the court said, acknowledging the concerns of commuters.
The decision came in response to a Public Interest Litigation (PIL) filed by Sugandha Sawhney, who sought exemption from toll taxes at Lakhanpur, Thandi Khui, and Bann toll plazas on NH-44.
The highway is currently undergoing construction for the Delhi-Amritsar-Katra Expressway project. The plea highlighted the inconvenience caused to the public due to the construction work, which has reduced the four-lane highway to a single lane in many areas.
The court also noted that the National Highways Authority of India (NHAI) and the concessionaire had acknowledged the deteriorated condition of the highway, with alternative service roads provided for traffic. Despite this, toll fees were being collected, which the court deemed unfair given the poor condition of the road. The Thandi Khui Toll Plaza had already ceased toll collection since January 26 last year.
The court criticized the government for raising toll fees at Lakhanpur and Bann toll plazas while the Thandi Khui plaza was closed. This move was seen as further burdening the public, especially since the highway was in such poor condition. The court referred to a statement by Union Minister Nitin Gadkari in June 2024, which stated that tolls should not be charged for roads that are not in good condition or up to required standards.
Also, the court issued several directions to improve the toll system. It ordered the withdrawal of the order to redistribute toll collection influence between Lakhanpur and Bann plazas, effective from January 26, 2024. The court also instructed that no toll plazas should be established within 60 kilometers of NH-44, and existing ones in Jammu and Kashmir and Ladakh should be removed within two months. Furthermore, the court ordered the reconsideration of toll fees at all plazas, stating that they were excessively high and should be revised to ensure fairness.
The court also directed that only verified individuals should be employed at toll plazas and instructed police authorities to take responsibility for any violations regarding employees with criminal backgrounds