GUWAHATI: The Jammu & Kashmir and Ladakh High Court has ruled that toll fees should not be collected from commuters if a highway is in poor condition due to ongoing construction.
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In its ruling on Tuesday, February 25, the court observed that charging full toll for deteriorated roads violates the principle that tolls must ensure well-maintained infrastructure.
A bench comprising Chief Justice Tashi Rabstan and Justice MA Choudhary was hearing a Public Interest Litigation (PIL) filed by Sugandha Sawhney, challenging toll collection at Lakhanpur, Thandi Khui, and Bann toll plazas on National Highway-44 (NH-44). The highway, which connects Pathankot (Punjab) to Udhampur (Jammu), is undergoing construction under the Delhi-Amritsar-Katra Expressway project, significantly affecting road conditions.
The court noted that large sections of NH-44 have been reduced to single lanes, with potholes, diversions, and dirt paths forcing vehicles onto makeshift routes. It emphasised that commuters were being unfairly charged for using a road that is not in proper condition, adding that toll collection should be suspended until the highway is fully operational.
As a temporary measure, the court ordered that only 20% of the original toll fees be charged until an independent surveyor certifies the highway's completion.
