J&K High Court Orders Removal of Toll Plazas Within 60 Km of NH-44
The Jammu and Kashmir and Ladakh High Court, led by Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, has issued a directive emphasizing that toll plazas should not function merely as revenue-generating mechanisms. The court ordered that no toll plazas be established within 60 kilometers of National Highway-44 (NH-44) and mandated the removal of any existing toll plazas within this range in the Union Territories of Jammu & Kashmir and Ladakh within two months. Additionally, the court instructed the Ministry of Road, Transport, and Highways to reassess toll fees to ensure they are fair and not exorbitant.
This ruling came in response to a Public Interest Litigation (PIL) filed by Sugandha Sawhney, who sought exemption from toll taxes at specific plazas until the completion of the Delhi-Amritsar-Katra Expressway project. Sawhney argued that ongoing construction had severely deteriorated the highway’s condition, leading to significant travel delays and increased vehicle wear and tear, making the toll collection unjustifiable.
The court underscored that toll collection should align with the completion of highway sections, as stipulated in the National Highways Fee (Determination of Rates and Collection) Rules, 2008. It emphasized that toll plazas should not serve the sole purpose of generating revenue at the public’s expense, especially when infrastructure is incomplete or under construction.
