SRINAGAR: In a significant development for commuters on National Highway-44 (NH-44) from Pathankot to Udhampur, the Jammu and Kashmir and Ladakh High Court on Tuesday ordered a reduction in toll fees at two plazas along the highway.
JKSSB Releases Final Selection List for Panchayat Secretary
J&K Govt Forms High-Level Committee to Facilitate NTA Exams
GMC Jammu Interview Notice for Project Technical Officer Post
According to the judgment, the court ruled that only 20 percent of the toll fee should be collected until the completion of construction work under the Delhi-Amritsar-Katra Expressway project.
A bench comprising Chief Justice Tashi Rabstan and Justice M A Choudhary said that toll fees should not be collected from commuters if the highway is in poor condition due to ongoing construction.
The court emphasised that tolls are meant 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 commuter concerns.
The ruling came in response to a Public Interest Litigation (PIL) filed by Sugandha Sawhney, seeking exemption from toll taxes at the Lakhanpur, Thandi Khui, and Bann toll plazas on NH-44.
The highway is currently undergoing construction as part of the Delhi-Amritsar-Katra Expressway project. The plea highlighted the inconvenience caused to the public, as the four-lane highway has been reduced 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 continued to be collected, which the court deemed unfair given the poor state of the road. The Thandi Khui Toll Plaza had already ceased toll collection on January 26 last year.
Additionally, the court criticised the government for increasing toll fees at the Lakhanpur and Bann toll plazas while the Thandi Khui plaza remained closed. This move, the court observed, further burdened the public, especially given the poor road conditions. The court referenced a statement by Union Minister Nitin Gadkari in June 2024, which stated that tolls should not be charged on roads that are not in good condition or fail to meet required standards.
The court also issued several directives to improve the toll system. It ordered the withdrawal of the decision to redistribute toll collection influence between the Lakhanpur and Bann plazas, effective from January 26, 2024. Additionally, it directed that no toll plazas should be established within 60 kilometers of NH-44, and that existing ones in Jammu and Kashmir and Ladakh should be removed within two months. Furthermore, the court mandated a review of toll fees at all plazas, stating that they were excessively high and should be revised for fairness.
The court also instructed that only verified individuals should be employed at toll plazas and directed police authorities to ensure compliance, particularly in preventing the employment of individuals with criminal backgrounds. (KNO)