HC directs Union road transport ministry to reduce toll rates in J-K

In a major relief for commuters, including pilgrims to the Mata Vaishno Devi shrine, the High Court of Jammu and Kashmir and Ladakh has directed the Union ministry of road transport and highways (MORTH) to slash hefty toll fees in the Union Territory within four months.

It also said the fees collected at the Lakhanpur and Bann toll plazas would be 20 per cent of the rates in force prior to 26 January 2024, until the national highway from Lakhanpur to Udhampur can become fully operational.

A division bench of Chief Justice Tashi Rabstan and Justice M.A. Chowdhary passed the directions on a PIL seeking exemptions on the toll collected along the Jammu-Pathankot highway between Lakhanpur and Bann until ongoing work on the Delhi-Amritsar-Katra expressway is completed. The highway is being extended to be connected to the expressway.

"There should not be mushrooming of toll plazas in the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh only with the sole aim and objective of minting money from the general public… Respondents are charging hefty toll fees at Bann toll plaza, whereas toll fees at other toll plazas are also high," the bench said in a 12-page order issued on Tuesday.

"Thus, not only the treasures (sic) of NHAI (National Highways Authority of India) are being filled with thousands of crores of rupees, private contractors are also enriching themselves by accumulating crores of rupees," it added.

Since the fees must be fair for the general public and not a source of revenue-generation, the respondents — particularly the Union ministry concerned — are directed to consider levying of "fair and genuine" fees at the toll plazas, thereby slashing the existing fees at all the plazas as the current rates are on the higher side, the high court said.

"The decision in this regard (will) be taken positively within a period of four months from today (Tuesday)," according to the order.

The high court also ordered the respondents — NHAI, Jammu and Kashmir government and MORTH — to withdraw within one week the order or direction regarding redistributing the influence length from Lakhanpur to Udhampur between the Lakhanpur and the Bann poll plazas with effect from 26 January last year after the closure of the Thandi Khui toll plaza.

"Respondents are directed to levy only 20 per cent of the toll fee with immediate effect, ie, the toll fee at Lakhanpur toll plaza and Bann toll plaza shall be 20 per cent of the rates earlier in force before 26.01.2024 till the national highway from Lakhanpur to Udhampur gets fully operational for smooth utilisation of the public," the high court said. "Respondents to charge the full toll at both these toll plazas only after the issuance of a certificate in this regard by an independent surveyor."

The high court also directed the respondents not to establish any toll plaza within 60 km of National Highway 44. "If there is any toll plaza in the Union Territory of Jammu and Kashmir or in the Union Territory of Ladakh within 60 kilometres on the national highway, respondents (are directed) to remove the same within two months from today (Tuesday)."

The respondents and the contractors of the toll plazas were directed not to employ anyone with a criminal background. The high court also directed the respondents and the contractors to deploy personnel at the toll plazas only after verification by police agencies concerned. "In case of any deviation in this regard, the concerned SHO or in-charge shall be personally responsible for the same."