In a recent development, the Jammu and Kashmir High Court directed 80% reduction in the toll fee at two toll plazas on the National highway-44 till the completion of construction.
How Did This Happen?
The National Highway was in a deteriorated state, making toll collection unfair and unreasonable, according to the court.
This all started when a Public Interest Litigation (PIL) was filed by the petitioner seeking exemption from toll tax at Lakhanpur, Thandi Khui, and Bann Toll Plazas along National Highway-44 until the Delhi-Amritsar-Katra Expressway project is fully operational.
As we know, the National Highway from Udhampur to Lakhanpur (Punjab) has been under construction since 2021.
The court said, “This is based on the principle that 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 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 tolls should be a form of compensation for road users in exchange for smooth, safe, and well-maintained highways.”
Commuters Are Being Unfairly Charged
In its observation, the court found that commuters are being unfairly charged as they are not receiving the value they are paying for in terms of quality infrastructure.
It appears that the basic premise is that tolls should serve as a form of compensation for road users in exchange for smooth, safe, and well-maintained highways, the court noted.
Moving ahead, it was expected from the Government to suspend toll collection until the Delhi-Amritsar-Katra Expressway becomes fully operational, observed by A bench of Chief Justice Tashi Rabstan and Justice M.A. Chowdhary.
Contrary to this, the respondents have increased the toll fees at Lakhanpur Toll Plaza and Bann Toll Plaza, instead of suspending toll collection.
As expected, the general public is feeling angered because they are forced to pay hefty tolls for shabby and under-constructed roads, the court observed.
Violation Of National Highway Fee Rules
There is no justification for highway agencies charging tolls, if roads are not in good condition or not up to their standards and people continue to face problems, said the Union Minister for Road, Transport and Highways, Nitin Gadkari at a Global Workshop on Satellite-based tolling, the court referred.
Besides this, the National Highway Fee Rules are also being violated, which require that the spacing between two adjacent toll plazas should be 60 km, the court said.
So far, the distance between Sarore Toll Plaza and Bann Toll Plaza is only 47 km, causing a grave violation, the court noted.
It appears that the millions of devotees visit the Mata Vaishno Devi Shrine, and in order to mint money from these pilgrims, the respondents have purposefully established Bann Toll Plaza before Domel without adhering to the 60 km rule between two plazas, court noted.
This is forcing the travelers to pay tolls at multiple plazas despite using only small sections of the highway.
In addition to this, the bench has also expressed concerns over toll operators employing individuals (gundas) with criminal records, affecting public safety.
They have directed the respondents and the contractors not to employ any person at the toll plazas who has a criminal background.
