The J&K and Ladakh High court has ordered the National Highways Authority of India (NHAI) to collect only 20% of toll on the Pathankot-Uddhampur stretch, saying that if the highway is in bad shape “owing to different nature of construction activities”, it cannot collect this much amount from the commuters, if the highway is not in good condition.
The order comes to a PIL hearing on Tuesday regarding Pathankot-Uddhampur stretch of NH-44, by Justice Tashi Rabstan and Justice MA Chaudhary. It shall come into immediate effect, at two toll plazas- Lakhanpur and Bann- till the national highway from Lakhanpur to Uddhampur gets fully operational.
Further the court has also directed not to establish any plaza within 60km radius of NH44. It has instructed the removal of plazas in the two union territories of J&K and Ladakh within a period of two months. The bench said, “There should be no mushrooming of toll plazas in the UT of J&K and UT of Ladakh only with the sole aim and objective of minting money from the general public.”
The NHAI has always had the power to reduce, rather suspend the ‘user fee’, popularly known as toll on damaged, unoperational and dilapidated highways, it has never exercised this provision. The commuters face poor maintenance, declining quality of roads and diversions here and there, and still have to pay user fee without getting the desired benefits.
The PIL was filed by Sugandha Sawhney, who seeked exemption of toll at Lakhanpur, Thandi Khui and Bann plazas on the national highway from Pathankot to Uddhampur. The construction is underway here, as a part of Delhi-Amritsar-Katra expressway project. Sawhney submitted to the court that about 60-70% of the stretch is under construction since December 2021, yet NHAI was collecting toll at these three plazas even though the rules say that the fee collection should commence within 45 days from the date of the completion of the section. She had further addressed that there are grave hurdles and diversions on the route. The toll collection at Thandi Khui is however closed since January 26, 2024.
Stating the order, the High court said, “This is based on the principle that the tolls are collected to provide users with the benefit of well maintained infrastructure. If this 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 a violation of fair service. 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 the tolls should be a form of compensation for road users in exchange for smooth, safe and well-maintained highways.”
The court, however took note of NHAI’s submission that the service roads and diversions have been provided due to different nature of construction works being carried out on the highway. For the movement of traffic, the 4-lane NH has been reduced to single lane. The court said, “Otherwise too, it is not a hidden thing nor the learned counsel appearing for respondents have denied this that the NH-44 from Pathankot to Bann toll Plaza to Domel (Katra) is in a poor and deteriorated condition, there are grave hurdles, potholes and diversions due to complete destruction of this particular NH. Thus, the commuters are being unfairly charged as they are not receiving the value they are paying for in terms of quality of infrastructure.”
“Thus in this way, the general public or commuters are feeling cheated as they are being forced to pay tolls for the highway which is at present is in a poor and shabby condition that too when in ending June 2024, road transport and highway minister Mr. Nitin Gadkari at a globsl workshop on satellite-basede tolling said that there is no justification of highway agencies charging tools, if roads are not in good condition or not up to their standards and people continue to face problems.”
The judgement is surely in favor of the daily commuters who face problems, and at present not getting the services due to the construction activities. Of course, tax is necessary when the services are apt. Though, the order is said to have ramifications ahead.