NEW DELHI: In an order that is likely to have wider ramifications, J&K and Ladakh high court has said that if a highway is in bad shape “due to different nature of construction activities”, NHAI or its concessionaire cannot collect toll tax from commuters.
Hearing a PIL on the Pathankot-Udhampur stretch of NH-44, a bench of Chief Justice Tashi Rabstan and Justice M A Choudhary Tuesday ordered NHAI to collect only 20% of the toll, with immediate effect, at two toll plazas – Lakhanpur and Bann – till the highway from Lakhanpur to Udhampur is fully operational.
HC also directed NHAI not to establish any plaza within 60 km of NH-44 and instructed removal of such structures within two months. “Further, there should not be mushrooming of such plazas in the two UTs only with the sole aim and objective of minting money from the general public,” it said.
NHAI rarely uses power to cut toll on unfinished roads
Though NHAI has the power to suspend or reduce ‘user fee’, popularly known as toll, on unfinished or dilapidated NHs, it has rarely used this provision. Poor maintenance, riding quality and diversions during expansion of projects have been major irritants for commuters as they are made to pay full user fee without getting the desired benefit.
One Sugandha Sawhney had filed the PIL seeking exemption of toll at Lakhanpur, Thandi Khui and Bann plazas on the national highway from Pathankot to Udhampur, where construction is underway as a part of the Delhi-Amritsar-Katra Expressway project. The petitioner had submitted that about 60% to 70% of this stretch is under construction since December, 2021, yet NHAI was collecting toll at Lakhanpur, Thandi Khui and Ban plazas despite the rules saying that collection of fee should commence within 45 days from the date of completion of the section.
While passing the order, 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.”
The court took note of the NHAI submission that due to different nature of construction works being carried out at this highway, service roads and diversions have been provided for the movement of traffic; meaning thereby the 4-lane NH at most of the places has been reduced to single lane.