Should Toll Be Collected If Highway Is In Poor Condition? Here's What J&K High Court Says
The Jammu & Kashmir High Court has ruled that only 20% of the toll fee should be collected on NH-44 from Pathankot to Udhampur due to poor road conditions.
Paying tolls on highways often pinches our pockets. What with sky-high fuel prices and after paying thousands of rupees as road tax, the average Indian commuter is left to navigate bad roads and pay more at toll plazas. But it doesn't stop there. Even some of the highways are plagued by withering layers. The least one can expect after paying so much is decent roads to travel upon. Now, it seems courts, too, feel the same.
In a major win for commuters travelling on National Highway-44 (NH-44) from Punjab's Pathankot to Jammu's Udhampur, the Jammu & Kashmir and Ladakh High Court has ruled that only 20% of the toll fee should be collected at two toll plazas until the highway construction is fully completed. This decision, issued on Tuesday, comes as a response to growing public frustration over deteriorating road conditions and continued toll collection, reported legal news website Bar and Bench.
Court Questions Fairness Of Toll Collection
The J&K High Court Bench, comprising Chief Justice Tashi Rabstan and Justice MA Choudhary, said that tolls were meant to ensure well-maintained road infrastructure. If a highway is in poor condition due to ongoing construction, the National Highways Authority of India (NHAI) and private concessionaires should not be charging commuters full toll rates.
“This is based on the principle that toll fees serve as compensation for well-maintained roads. If the highway is in a state of disrepair and uncomfortable to drive on, forcing commuters to pay full tolls is unfair and violates the principle of fair service,” the court stated.
The ruling comes in response to a Public Interest Litigation (PIL) filed by Sugandha Sawhney, who personally appeared before the court to challenge the toll collection at three key plazas — Lakhanpur, Thandi Khui, and Bann — along the Pathankot-Udhampur stretch. Notably, the toll collection at Thandi Khui had already been halted since January 26, 2023.
Highway In Disrepair, But Tolls Keep Rising
The court highlighted that the NH-44 stretch remains under construction as part of the Delhi-Amritsar-Katra Expressway project. In many areas, the four-lane highway has been reduced to a single lane, forcing commuters onto service roads and dirt paths. “With frequent diversions, potholes, and poor road conditions, drivers face additional wear and tear on their vehicles. Charging hefty tolls under these circumstances is not only unjustified but also a burden on the public,” Bar and Bench quoted the court's observation.
Despite the ongoing construction, authorities increased toll fees at Lakhanpur and Bann plazas on the very day that Thandi Khui toll plaza was shut down — a move that further angered commuters. The court noted that the government and NHAI should have suspended toll collection altogether until the highway was fully operational.
Court Issues Strong Directives
In a bid to provide relief to travellers, the court issued several key directives including immediate toll reduction to 20% at Lakhanpur and Bann plazas until the highway construction is complete. Full toll collection can resume only once an independent surveyor certifies the road’s usability, the court said.
The HC further prohibited any toll plaza from being set up within a 60-km stretch of NH-44. Existing toll plazas violating this rule must be removed within two months.
Moreover, the Union Ministry has been directed to reassess and lower toll fees across all plazas to ensure fair pricing. A decision on this must be made within four months.
Additionally, contractors and authorities, the court said, must ensure that no person with a criminal background is employed at toll plazas. Any violation will hold the respective Station House Officer (SHO) personally accountable.
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