Charging toll despite poor road conditions is unfair : Jammu and Kashmir High Court

Srinagar – The Jammu and Kashmir and Ladakh High Court has ruled that collecting toll fees despite poor road conditions is unjust. Consequently, the Court has ordered an 80% reduction in toll charges at two toll plazas on National Highway 44 between Punjab (Pathankot) and Jammu (Udhampur). While hearing a public interest litigation (PIL), the Court emphasised that toll fees should be justified by smooth, safe, and well-maintained highways. (Why must the Court intervene in such matters ? Shouldn’t the Government already be aware of this ? – Editor)

🚨 J&K-Ladakh HC Slashes Toll by 80% on NH-44! 🚗💨

❌ No toll should be charged for bad roads!

👉Why does the court have to say this? Does the government not understand? 🤔🤔#TollScam #jagoGrahakJago @SurajyaCampaign pic.twitter.com/e001reEPzs

— Sanatan Prabhat (@SanatanPrabhat) March 2, 2025

1. A division bench comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary ruled that if the highway is in poor condition, the National Highways Authority of India (NHAI) has no right to collect toll fees from travellers.

2. The PIL sought an exemption from toll charges at the Lakhanpur, Thandi Khui, and Ban toll plazas on the Pathankot-Udhampur highway, where construction is ongoing as part of the Delhi-Amritsar-Katra Expressway project. This petition was filed by Sugandha Sahni.

3. The petitioner argued that since December 2021, 60-70% of the NH-44 section has been under construction. Despite this, toll fees continue to be collected in violation of the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

4. The Court noted that officials themselves have admitted that construction on NH-44 is still underway and that service roads have been provided for traffic. However, these roads have sharp turns and potholes, causing significant difficulties to commuters.

5. The Court further observed that travellers are being unfairly charged for infrastructure that does not meet the promised quality. It directed the Government to halt toll collection until the Delhi-Amritsar-Katra Expressway becomes fully operational.