Guwahati: The Jammu and Kashmir and Ladakh High Court has directed the National Highways Authority of India (NHAI) to reduce toll charges on a poorly maintained section of NH-44.
The court’s decision comes after it was revealed that tolls were still being collected on a stretch of the highway, despite ongoing construction work that left the road in a deteriorated state.
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The bench, led by Chief Justice Tashi Rabstan and Justice M.A. Choudhary, was hearing a Public Interest Litigation (PIL) concerning the Pathankot-Udhampur stretch. The court ordered NHAI to collect only 20% of the toll at Lakhanpur and Bann plazas until the highway is fully operational and in good condition for public use.
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The court also took a stance on toll plaza establishment, ruling that no new toll plazas should be set up within 60 km of NH-44. It directed the removal of existing toll plazas in Jammu and Kashmir and Ladakh within two months, noting that the proliferation of toll plazas solely for financial gain from the public was not acceptable.
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Sugandha Sawhney filed a PIL, arguing that tolls were unlawfully collected at Lakhanpur, Thandi Khui, and Bann plazas on NH-44, despite 60-70% of the highway being under construction since December 2021.
She pointed out that toll charges were being levied despite the fact that, by regulation, tolls should only be collected 45 days after the completion of the project. Sawhney also highlighted the difficulties commuters face due to poor road conditions and diversions.
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In its ruling, the court emphasized that tolls are meant to provide users with the benefit of well-maintained infrastructure, and it was unfair to collect full toll fees when the road conditions were poor and unsafe.
The court also referred to a statement by Union Road Transport and Highways Minister Nitin Gadkari, who had earlier remarked that it was unjustifiable to charge tolls on roads that were not up to standards.
This ruling is expected to set a precedent for similar cases where tolls continue to be collected on highways that remain under construction, putting pressure on the NHAI to ensure that road quality aligns with toll fees.