Jammu & Kashmir and Ladakh HC orders 80% reduction in toll fee on National Highway 44 due to poor and deteriorated roads [Read Judgment]

Jammu: The High Court of Jammu & Kashmir and Ladakh has issued significant directions to reduce toll fees on National Highway-44, highlighting concerns about infrastructure quality and fair service to commuters.

J&K, Ladakh High Court Cuts NH-44 Toll Fees Amid Deteriorating Road Conditions

Chief Justice Tashi Rabstan and Justice M.A. Chowdhary delivered the judgment addressing the toll collection practices on the deteriorated highway, which is still under construction.

The court addressed a Public Interest Litigation filed by Sugandha Sawhney, seeking an exemption from toll tax at multiple toll plazas until the Delhi-Amritsar-Katra Expressway becomes fully operational. The court observed, “Commuters are being unfairly charged as they are not receiving the value they are paying for in terms of quality infrastructure.”

NH-44 Toll Reduced by 80%: Court Rules Against Unfair Charges on Damaged Highway

Regarding the current state of the highway, the court noted, “National Highway-44 from Pathankot to Bann Toll Plaza to Domel (Katra) is in poor and deteriorated condition. There are grave hurdles, potholes, and diversions due to the complete destruction of this particular highway.”

The court emphasized the principle behind toll collection, stating, “The basic premise is that tolls should be a form of compensation for road users in exchange for smooth, safe, and well-maintained highways.”

In a significant directive, the court ordered, “Respondents are directed to levy only 20% of the toll fee with immediate effect, i.e., the toll fee at Lakhanpur Toll Plaza and Bann Toll Plaza shall be 20% of the rates in force before 26.01.2024 until the National Highway from Lakhanpur to Udhampur becomes fully operational for smooth public use.”

The court highlighted that the National Highways Fee Rules require a minimum 60-kilometer distance between adjacent toll plazas but found that “the distance between Sarore Toll Plaza and Bann Toll Plaza on NH-44 is approximately 47 km, which is certainly against the rule.”

The court directed the authorities to reconsider existing toll fees across all plazas, noting that “the toll fee must be fair to the general public and should not serve as a revenue-generating mechanism.”

Additionally, the court ordered that no toll plaza personnel with criminal backgrounds should be employed, requiring police verification for all toll plaza employees.

The court also directed that a copy of the judgment be sent to the Union Minister of Road Transport and Highways, Government of India.

Ms. Sugandha Sawhney appeared as the petitioner-in-person, while Mr. Karan Sharma, Advocate, appeared for the respondents.

Case Title: Sugandha Sawhney vs. Union of India & Ors.

 [Read Judgment]