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Synopsis

The High Court of Jammu and Kashmir and Ladakh has directed a reduction of 80 percent in toll collection at the Lakhanpur and Bann Toll Plazas on National Highway-44 (NH-44). The court held that if a 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 violation of fair service.

Justice Tashi Rabstan, presiding over the court, observed: “the commuters are being unfairly charged as they are not receiving the value they are paying for in terms of quality infrastructure. Once this very highway is in bad shape due to different nature of construction activities, the National Highways Authority of India (NHAI) or the concessionaire managing the toll road cannot collect toll tax from commuters using the highway. This is based on the principle that tolls are collected to provide users with the benefit of well maintained infrastructure.”

The ruling came in response to a Public Interest Litigation (PIL) filed by Sugandha Sawhney, seeking exemption from toll taxes at Lakhanpur, Thandi Khui, and Ban Toll Plazas until the Delhi-Amritsar-Katra Expressway is fully operational. The petitioner argued that 60% to 70% of the NH-44 stretch from Pathankot (Punjab) to Udhampur (UT of J&K) has been under construction since December 2021, yet tolls continue to be charged contrary to the National Highways Fee (Determination of Rates and Collection) Rules, 2008. The petitioner also highlighted severe travel disruptions, increased travel times by three to four hours, and additional burdens on fuel and vehicle maintenance due to diversions and poor road conditions. It was argued that toll collection should not commence until the highway's completion, as per the 45-day completion rule under Rules 3(1) and 3(2) of the 2008 Fee Rules.

Opposing the plea, the respondents, including the Union of India, National Highway Authority of India (NHAI), and the Union Territory of Jammu and Kashmir, contended that only the brownfield portions were under construction and that necessary service roads and diversions were provided. The NHAI stated that tolls were only charged for completed four-lane stretches of NH-44, with reductions applied as per the Ministry of Road Transport and Highways (MoRTH) guidelines. Toll fees were already reduced by 25% for stretches under widening, and no toll was being charged for the damaged Tarhan Bridge over the Ujh River and its approach road.

The court, disagreeing with the contentions of the respondents regarding the provision of service roads and diversions, observed that the NH-44 from Pathankot to Udhampur is in a poor state. It  noted that the NHAI had admitted the highway was under construction, with traffic being diverted to service roads and the four-lane highway reduced to a single lane at many places.

The court stated, “the four-lane National Highway at most of the places has been reduced to single lane, actually dirt-path has been cleared for the vehicles to use the only alternative, as a result of which the daily use of this under construction stretch with such deteriorated conditions adds to wear and tear of vehicles.”

Reprimanding the government for raising toll fees at Lakhanpur and Bann Toll Plazas on the same day the Thandi Khui Toll Plaza was closed, the court noted that commuters were being charged excessive tolls despite the poor road conditions, amounting to undue enrichment of toll contractors.

“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 observed, emphasising that while toll fees are essential for constructing, maintaining, and enhancing high-quality road infrastructure, the respondents must ensure fair and equitable tolling fee.

The court also raised concerns over the rapid increase in toll plazas, cautioning against their unchecked proliferation across the state. “The respondents must ensure that toll plazas are not placed at every nook and corner of the state. There should not be mushrooming of toll plazas,” it said.

Accordingly, the court allowed the PIL with the following directions:

1. An 80% reduction in toll fees at Lakhanpur and Bann Toll Plazas until the Delhi-Amritsar-Katra Expressway is fully operational and road conditions improve.
2. Compliance with the 60 km rule for toll plaza spacing and return of excess toll collected due to violations.
3. The government and NHAI to ensure toll collection aligns with fair service principles, emphasising that tolls should reflect the quality of the infrastructure provided.

 

Cause Title: Sugandha Sawhney v. Union of India and Others [WP(C) PIL No.12/2023]

Appearance: Petitioner Sugandha Sawhney appeared in person, while Advocate Karan Sharma represented the respondents.