Vanshika Bhalla
In a landmark judgment on February 20, 2024, the Jammu & Kashmir and Ladakh High Court ruled that toll collection on poorly maintained highways is unjustified, offering relief to commuters on National Highway-44 (NH-44) from Punjab (Pathankot) to Jammu (Udhampur). The Court ordered only 20% toll collection at two plazas until construction is complete Sugandha Sawhney v. Union of India and Others.
The Bench, led by Chief Justice Tashi Rabstan and Justice MA Choudhary, emphasized that toll fees should compensate users for safe, well-maintained roads. “Tolls are meant to provide quality infrastructure. Charging full fees for deteriorated roads is unfair and violates fair service,” the Court stated.
The ruling followed a PIL by Sugandha Sawhney seeking toll exemptions at Lakhanpur, Thandi Khui, and Bann plazas along NH-44, currently under construction for the Delhi-Amritsar-Katra Expressway. The Court noted NH-44’s congestion, diversions, and poor condition, stating, “Vehicles are forced to use dirt paths, causing increased wear and tear.”
Despite the highway’s poor state, authorities increased toll fees at Lakhanpur and Bann when Thandi Khui plaza was shut. The Court condemned this, stating, “The public suffers both from bad roads and high tolls, making them feel cheated.” It also cited Union Minister Nitin Gadkari’s stance that tolls shouldn’t be charged if roads fail to meet standards.
The Court directed authorities to withdraw the toll redistribution order within a week. It mandated that toll fees at Lakhanpur and Bann plazas be reduced to 20% immediately and resume full charges only after an independent certification. Furthermore, no toll plazas should be within 60 km on NH-44, and any violating plazas in J&K and Ladakh must be removed within two months. Authorities must also review and lower toll fees within four months to ensure fairness. Additionally, all toll plaza employees must undergo police verification, with non-compliance holding SHOs personally responsible.
This ruling ensures fairness in toll collection and accountability in highway management, reinforcing that commuters must receive value for the tolls they pay.
Case Name: Sugandha Sawhney v. Union of India and Others
Case Number: CM Nos.7653/2023 & 7654/2023
Bench: Chief Justice Tashi Rabstan and Justice MA Choudhary
Click here to access the judgement.