In a recent ruling, the Jammu & Kashmir High Court ruled that charging tolls on bad roads is unfair and ordered an 80% reduction in toll fees at 2 key toll plazas.
The case was filed by Sugandha Sawhney, who argued that even though NH-44 (Pathankot to Udhampur) is under construction, people are still being charged a full toll. The poor condition of the highway has increased travel time by 3-4 hours, caused extra fuel consumption, and led to vehicle wear and tear.
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The petitioner’s counsel pointed out that as per the law, tolls should only be collected 45 days after a highway is fully completed, making the current toll collection illegal and unfair.
The government’s counsel defended the toll collection, stating that only 32 km of the highway is under construction and the rest is operational with service roads and diversions. They also said that Thandi Khui Toll Plaza was closed on January 26, 2024, and its toll was redistributed to Lakhanpur and Ban Toll Plazas. Following government rules, they argued that toll rates had already been reduced by 25%.
The bench led by Chief Justice Tashi Rabstan and Justice M.A. Chowdhary rejected the government’s justifications and observed that the highway was in very bad condition, making toll collection unfair.
The court stated that tolls are meant to provide good-quality roads, and if the roads are damaged, people should not be forced to pay. The court also found that several toll plazas were violating the rule that requires at least 60 km distance between them and that some were placed strategically to collect more money, particularly from pilgrims traveling to Vaishno Devi.
Referring to Union Minister Nitin Gadkari’s statement at a Global Workshop on Satellite-Based Tolling, the court pointed out that charging tolls on substandard roads is unjustified and goes against the principles of fair service. The Minister explained that highway agencies should not collect tolls if roads are not in good condition or fail to meet quality standards.
The court also found violations of the National Highway Fee Rules, which mandate a minimum distance of 60 km between two toll plazas. It observed that the distance between Sarore and Ban Toll Plaza is only 47 km, making toll collection at these locations a direct violation of the rules.
The court directed that toll charges at Lakhanpur and Ban Toll Plazas should be reduced to just 20% of the original rate until the Delhi-Amritsar-Katra Expressway is fully completed. It also ordered that all toll plazas must follow the National Highways Fee Rules, 2008, especially regarding the required 60 km distance between toll plazas.
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