A PIL in Orissa High Court challenges toll collection at Jharpokharia Toll Plaza on NH-49, citing hazardous conditions on a nearby highway stretch. Advocate Akash Sharma seeks directions to stop unlawful tolling on the unfinished, dangerous Dwarsuni Ghat section.
CUTTACK: A Public Interest Litigation (PIL) has been filed in the Orissa High Court challenging the ongoing toll collection at the Jharpokharia Toll Plaza on National Highway 49, citing the hazardous and unsafe conditions of a nearby stretch of the highway.
The petition was lodged by Advocate Akash Sharma, who is seeking court instructions to halt what he describes as unlawful toll collection on a highway section that remains unfinished and dangerous, particularly at the Dwarsuni Ghat area.
Sharma contends that road users are coerced into paying a toll even when a safe and functional roadway is absent.
The petition asserts,
“The Dwarsuni Ghat stretch is neither safe nor motorable. The highway is damaged, hazardous, unrepaired, full of potholes, craters, obstructed by ongoing construction, and admittedly incomplete until 22.11.2027. Therefore, the continued levy of toll/user fee at Jharpokharia Plaza amounts to unlawful exaction,”
The petition references accident statistics to underscore the dangers posed by the road’s condition. It reports over 500 accidents and 100 fatalities on this segment in recent years, noting that ambulances, school buses, and commercial vehicles face significant hazards.
Additionally, the petition claims that poor road conditions have disrupted public transport services, resulting in several operators suspending or significantly reducing their services, thereby isolating nearby villages and impacting local livelihoods.
It adds,
“The road has been described as a ‘death trap’ and ‘collapsed highway’, with frequent media coverage highlighting the urgent need for restoration,”
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Sharma alleges that despite acknowledging the road’s incompleteness, the National Highways Authority of India (NHAI) continues to collect tolls as if the stretch were finished, disregarding the unsafe and unfinished ghat section included in the toll plaza’s jurisdiction.
The Petition states that,
“Despite… categorical admissions of incompleteness, NHAI asserts that toll collection continues at Jharpokharia Toll Plaza for the so-called ‘completed section’, overlooking the fact that the influence zone of the toll plaza necessarily includes the very ghat stretch that is unsafe, unfinished, and obstructed,”
The plea argues that users cannot be separated from the unsafe section while utilizing the tolled corridor. The petitioner claims that charging tolls under these circumstances is both arbitrary and unjust.
The petition alleges that,
“The imposition of financial burden upon citizens who are compelled to risk their lives on a dilapidated highway is manifestly arbitrary and shocks the conscience,”
Sharma further emphasizes that safe travel is integral to the right to life as stated in Article 21 of the Constitution, asserting that forcing individuals to pay tolls on an unsafe road is an infringement on their right to life and dignity.
The PIL also questions the characterization of the toll as a ‘user fee,’ arguing that collecting tolls without delivering the promised road facilities negates the fundamental quid pro quo necessary to justify such a charge.
The petition says that,
“Toll is not a tax; it is a user fee. In the absence of a motorable road, the legal basis for levying the fee collapses entirely,”
Based on these claims, the petition requests that the Court suspend toll collection or reduce the toll fee at the Jharpokharia Toll Plaza until the highway is completely finished and made safe for public use. It also calls for action against the contractor and operator of the toll plaza for ‘illegally’ collecting tolls despite the highway project remaining unfinished.
Case Title: Akash Sharma v. Union of India & Ors.
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