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Jammu & Kashmir High Court Rules Against Full Toll Collection On NH-44 Amid Poor Road Conditions

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J&K High Court slashes toll fees on NH-44, citing poor road conditions, unfair charges

In a significant move benefiting commuters on National Highway-44 (NH-44) from Pathankot to Udhampur, the Jammu & Kashmir and Ladakh High Court has directed that only 20% of the toll fee be collected at Lakhanpur and Bann toll plazas. The decision comes in response to concerns over deteriorating road conditions due to ongoing construction under the Delhi-Amritsar-Katra Expressway project.

The Court emphasised that tolls are meant to compensate users for well-maintained roads, and it deemed unfair to continue charging full fees when the highway is in a state of disrepair. Construction activities have led to diversions, single-lane stretches, and rough, unpaved detours, significantly affecting driving conditions. The authorities themselves acknowledged that NH-44 is under construction, prompting the Court to question the rationale behind toll collection in such circumstances.

The order also addresses concerns about the arbitrary increase in toll fees. Notably, when the Thandi Khui Toll Plaza was shut down on January 26, 2024, the fees at Lakhanpur and Bann toll plazas were raised, which the Court found unjustified. Instead of suspending toll collection during construction, the authorities had opted to redistribute toll influence zones, a move now revoked by the Court.

Additionally, the Court mandated that no toll plazas should be placed within 60 km of each other on NH-44 and instructed authorities to dismantle any such plazas within two months. The ruling also highlighted the excessive toll charges, urging the Union Ministry to reassess and lower the fees across all toll plazas.

Another major directive requires thorough background verification of toll plaza employees. The Court ordered that individuals with criminal records should not be employed at these locations, placing responsibility for compliance on the police.

This decision marks a critical intervention in toll collection policies, reinforcing the principle that users should only be charged for infrastructure that meets operational standards. Similar measures should be implemented across the country on highways and expressways where construction is ongoing or road quality is subpar, ensuring that commuters are not unfairly burdened with toll fees for inadequate infrastructure.

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