Can't collect toll if road in bad shape, says J&K HC, cuts fee at 2 NH-44 plazas

NEW DELHI: In an order that is likely to have wider ramifications, the J&K and Ladakh High Court has said that if the highway is in bad shape “due to different nature of construction activities”, the

NHAI

or its concessionaire cannot collect toll tax from the commuters who use it.
Hearing a PIL with regard to the Pathankot-Udhampur stretch of NH-44, the bench of Chief Justice Tashi Rabstan and Justice M A Choudhary on Tuesday ordered the NHAI to collect only 20% of the toll, with immediate effect, at two toll plazas — Lakhanpur and Bann — till the NH from Lakhanpur to Udhampur gets fully operational for smooth utilisation of the public.
The court also directed not to establish any plaza within 60 km of NH-44 and instructed removal of such plazas in the two Union Territories within two months. “Further, there should not be mushrooming of toll plazas in the UT of J&K and the UT of Ladakh only with the sole aim and objective of minting money from the general public,” the bench said.
Though the NHAI has the power to suspend or reduce the “user fee” popularly known as toll on unfinished or dilapidated NHs, it has rarely used this provision. Poor maintenance, riding quality and diversions during expansion of projects have been the major irritants for commuters as they are made to pay full user fee without getting the desired benefit.

One Sugandha Sawhney had filed the PIL seeking exemption of toll at Lakhanpur, Thandi Khui and Bann plazas on the national highway from Pathankot to Udhampur, where construction is underway as a part of the Delhi-Amritsar-Katra Expressway project. The petitioner had submitted that about 60% to 70% of this stretch is under construction since December, 2021, yet NHAI was collecting toll at Lakhanpur, Thandi Khui and Ban plazas despite the rules saying that collection of fee should commence within 45 days from the date of completion of the section. The petition had also mentioned that there are grave hurdles and diversions. The toll collection at Thandi Khui had been closed since January 26, 2024.
While passing the order, the court said, “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. Certainly, the commuters and drivers must be feeling frustrated by the poor state of this particular highway they are paying to use. The basic premise is that tolls should be a form of compensation for road users in exchange for smooth, safe, and well-maintained highways.”
The court took note of the NHAI submission that due to different nature of construction works being carried out at this highway, service roads and diversions have been provided for the movement of traffic; meaning thereby the 4-lane NH at most of the places has been reduced to single lane. “Otherwise too, it is not a hidden thing nor the learned counsel appearing for respondents has denied this that NH-44 from Pathankot to Bann toll plaza to Domel (Katra) is in a poor and deteriorated condition, there are grave hurdles, potholes and diversions due to complete destruction of this particular NH. Thus, the commuters are being unfairly charged as they are not receiving the value they are paying for in terms of quality infrastructure.”
It said once the highway is in bad shape due to different nature of construction activities, the NHAI or the concessionaire managing the toll road cannot collect toll tax from commuters using the highway. The court said it seems the general public is being made to suffer on both counts — bad highways due to construction activities and hefty toll. “Thus, in this way the general public/ commuters are feeling cheated as they are being forced to pay tolls for the highway which at present is in a poor and shabby condition that too when in ending June, 2024 road transport and highway minister Nitin Gadkari at a global workshop on satellite-based tolling said that there is no justification of highway agencies charging toll, if roads are not in good condition or not upto their standards and people continue to face problems.”