Toll Plazas Should Not Serve Merely As Revenue Generating Mechanism With Sole Purpose Of Minting Money From Public: J&K High Court

“Respondents are directed not to establish any toll within 60 kms of the National Highway-44. Further, if there is any toll plaza in the UT of J&K or in the UT of Ladakh within 60 Kms on the National Highway, respondents to remove the same within two months from today. Further, there should not be mushrooming of toll plazas in the UT of J&K and the UT of Ladakh only with the sole aim and objective of minting money from the general public”, the court ordered.

These directions came in a Public Interest Litigation (PIL) initiated by one Sugandha Sawhney, seeking exemption from toll tax at Lakhanpur, Thandi Khui, and Ban Toll Plazas until the completion of the Delhi-Amritsar-Katra Expressway project, which spans from Pathankot to Udhampur. Sawhney, appearing in person, argued that the ongoing construction under the expressway project, which has been underway since December 2021, had left 60-70% of the stretch under construction. Despite the deteriorated state of the highway, tolls were being collected, violating the National Highways Fee (Determination of Rates and Collection) Rules, 2008, which mandate toll collection only after the completion of highway sections.

The petitioner highlighted severe travel disruptions, with daily commute times increasing by three to four hours due to hurdles, diversions, and the destruction of the highway. Submitting that the incomplete infrastructure had led to increased fuel consumption and vehicle wear and tear, burdening the public unfairly, it was contended that toll collection before project completion was unjust and a breach of the rule position.

Considering the gravity of the issues raised through the petition the court made several critical observations during the proceedings. It noted that the National Highway-44, from Pathankot to Udhampur, was undergoing extensive construction, including the widening of the highway and the construction of elevated structures. The respondents themselves admitted that due to construction activities, service roads and diversions were in place, reducing the four-lane highway to single-lane dirt paths, causing severe inconvenience to commuters. The Court emphasized that commuters were being unfairly charged as they were not receiving the quality infrastructure that toll fees are supposed to guarantee.

Observing that toll fees are meant to compensate road users for smooth, safe, and well-maintained highways the court spotlighted that charging tolls for a highway in poor condition amounted to a violation of fair service, leaving commuters and drivers frustrated.

“Though the toll fees at the toll plazas contribute to the construction, maintenance, enhancement of high quality road infrastructure, highways, expressways and toll fee is essential for infrastructure development, however, the respondents must ensure for fair and equitable tolling fee and that establishment of these toll plazas should not serve merely as a revenue-generating mechanism or to mint money from the general public”, the bench remarked.

Referring to the spacing rules under the National Highways Fee Rules, 2008, the Court pointed out that toll plazas should not be established within 60 kilometers of each other. However, the distance between Sarore Toll Plaza and Ban Toll Plaza on NH-44 was only about 47 kilometers, which violated the regulations. The Court observed that this breach of rules had led to an illegal accumulation of crores of rupees from the public.

“Further, rapid increase in toll plazas raises several concerns among the general public. 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”, the bench recorded.

Highlighting the plight of pilgrims travelling to Katra, the Court noted that a journey from Sarore Toll Plaza to Domel, covering merely 54 kilometers, required commuters to pay at both Sarore and Ban Toll Plazas, resulting in an undue financial burden. The establishment of the Ban Toll Plaza before Domel, the Court stated, was a deliberate act to capitalize on the high footfall of pilgrims, thereby exploiting them financially.

The Court expressed concern over reports that toll plaza contractors employed individuals with criminal backgrounds, emphasizing that this not only raised public safety concerns but also painted a grim picture of the administration's oversight.

The Court directed the respondents to withdraw the order of redistributing the influence length between Lakhanpur and Bann Toll Plazas, which was implemented after the closure of the Thandi Khui Toll Plaza. The withdrawal must be completed within a week. The toll fee at Lakhanpur and Bann Toll Plazas was ordered to be reduced to 20% of the previous rates, with the full toll chargeable only after the issuance of a certificate by an independent surveyor certifying the highway's operational readiness.

Furthermore, the Court barred the establishment of any toll plaza within 60 kilometers of NH-44 and instructed the removal of existing tolls within this range in Jammu & Kashmir and Ladakh within two months. The Court stressed that toll fees should not be exorbitant and directed the Ministry of Road, Transport, and Highways to reconsider the toll fees, ensuring they are fair and not a mere revenue-generating mechanism.

Additionally, the Court mandated that neither the respondents nor toll plaza contractors should employ individuals with criminal backgrounds. “Respondents as well as the contractors of the Toll Plazas are directed not to employee any person at the toll plazas having criminal background. Respondents as well as the contractors to deploy the persons at the Toll Plazas only after verification of such employees by the concerned police agency. In case of any deviation in this regard, the concerned SHO/Incharge shall be personally responsible for the same”, the court concluded.

Case Title: Sugandha Sawhney Vs Union Of India

Citation: 2025 LiveLaw (JKL) 60

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