JAMMU: In a landmark judgment providing significant relief to commuters and pilgrims visiting Shri Mata Vaishno Devi Shrine, the Jammu and Kashmir and Ladakh High Court has directed authorities to reduce toll fees at Lakhanpur and Bann toll plazas to just 20 per cent of the previous rates. A Division Bench comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary further instructed the removal of toll plazas within 60 kilometres of each other, aiming to curb what it termed as the “mushrooming of toll plazas” solely for revenue generation.
The court ordered the withdrawal of an earlier directive that redistributed the influence length from Lakhanpur to Udhampur between the Lakhanpur and Bann toll plazas following the closure of Thandi Khui Toll Plaza on January 26, 2024. The respondents were given one week to comply with this order.
The Division Bench stressed that the toll fee must be fair to the public and should not serve as a mere revenue-generating tool. The Union Ministry of Road Transport and Highways was directed to reassess toll rates across all toll plazas, reducing them where necessary, and to ensure a fair tolling system. A final decision on this matter must be taken within four months.
The High Court explicitly prohibited the establishment of new toll plazas within a 60-kilometre stretch on National Highway-44. It further ordered the removal of any existing toll plazas within this range in Jammu and Kashmir and Ladakh within two months.
The court also expressed concern over the alleged illegal employment of individuals with criminal backgrounds at toll plazas. It mandated that only personnel cleared by police verification be employed, placing direct accountability on local police officers for any violations.
The ruling came in response to a Public Interest Litigation (PIL) that challenged toll collection on the Pathankot-Udhampur section of NH-44, which has been under construction since December 2021. The petitioner argued that toll collection should not commence until 45 days after the completion of a highway section, as per the National Highways Fee (Determination of Rates and Collection) Rules, 2008. However, despite 60 to 70 per cent of the stretch still being under construction, commuters were being charged at Lakhanpur and Bann toll plazas.
The petition also highlighted severe traffic disruptions, diversions, increased fuel costs, and vehicle wear and tear caused by incomplete roadwork. Commuters reportedly faced extended travel times of three to four hours due to these issues.
The court reviewed toll collection data and noted that Bann Toll Plaza collected Rs 659.54 crore between March 20, 2015, and December 24, 2024, while Lakhanpur Toll Plaza collected Rs 355.77 crore from July 22, 2020, to December 24, 2024. Thandi Khui Toll Plaza collected Rs 227.88 crore from October 11, 2019, to January 26, 2024. In total, these three toll plazas amassed over Rs 1,243 crore.
Acknowledging that toll fees are crucial for infrastructure development, the court underscored the need for fair and reasonable tolling mechanisms. It cautioned against toll plazas being placed at every “nook and corner” of the region solely for revenue collection.
This ruling is expected to bring much-needed relief to commuters and pilgrims, while also holding authorities accountable for transparent and equitable toll collection practices.
