The Jammu & Kashmir High Court ruled that only 20% of the toll fee can be collected on NH-44 during construction, ensuring commuters are not unfairly charged for poor road conditions.
In a relief for commuters traveling on National Highway-44 (NH-44) from Punjab (Pathankot) to Jammu (Udhampur), the Jammu & Kashmir and Ladakh High Court on Tuesday ruled that only 20% of the toll fee be collected at two toll plazas on the highway until construction is completed.
The decision was made by a bench of Chief Justice Tashi Rabstan and Justice MA Choudhary, who emphasized that if the highway is in poor condition due to construction, the National Highways Authority of India (NHAI) or the concessionaire cannot collect full toll fees from commuters.
“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,”
the Court stated.
The ruling was issued in response to a Public Interest Litigation (PIL) filed by Sugandha Sawhney, challenging toll charges at Lakhanpur, Thandi Khui, and Bann toll plazas on NH-44, which is undergoing major upgrades under the Delhi-Amritsar-Katra Expressway project.
The court criticized authorities for continuing to charge full toll fees despite acknowledging that NH-44 was under construction.
“Actually, dirt-path has been cleared for vehicles as the only alternative. The daily use of this under-construction stretch with such deteriorated conditions adds to wear and tear of vehicles,”
the court noted. It further pointed out that commuters are being “forced to pay tolls for a highway in a poor and shabby condition.”
Court’s Directives to Authorities:
- Reduce Toll Fee: Toll collection at Lakhanpur and Bann toll plazas shall be limited to 20% of previous rates until NH-44 is fully operational.
- Withdraw Redistribution Order: Authorities must revoke the directive redistributing toll collection between Lakhanpur and Bann after Thandi Khui plaza closed.
- Suspend Toll Collection Until Completion: Full toll collection can resume only after certification by an independent surveyor.
- No Toll Plazas Within 60 km: Authorities must remove toll plazas located within 60 km of each other within two months.
- Fair Toll Charges: The Union Ministry must reconsider and reduce excessive toll fees within four months.
- Background Checks on Employees: Toll plaza employees must undergo police verification to prevent employment of individuals with criminal backgrounds.
The court strongly disapproved of the government’s increase in toll fees at Lakhanpur and Bann on the same day Thandi Khui was closed.
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“It seems the general public is being made to suffer on both counts—bad highways due to construction and hefty toll charges. The general public/commuters feel cheated,”
the court remarked.
Additionally, the court referred to Union Minister for Road Transport & Highways, Nitin Gadkari’s statement, where he acknowledged that charging toll fees for roads in bad condition is unjustifiable.
Legal Representation
- Petitioner Sugandha Sawhney appeared in person.
- Advocate Karan Sharma represented the respondents.
This ruling provides much-needed relief to thousands of daily commuters on NH-44, ensuring they are not unfairly charged while enduring poor road conditions due to ongoing construction.
Case Title – Sugandha Sawhney v Union of India and Others
Read the Judgement here:
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