Jammu, February 27, 2025 – In a landmark ruling, the Jammu and Kashmir and Ladakh High Court has directed the National Highways Authority of India to reduce toll fees by 80% at two toll plazas on the Pathankot-Udhampur stretch of National Highway-44 , citing ongoing construction and deplorable road conditions. The court’s order, effective immediately, mandates that NHAI collect only 20% of the standard toll at Lakhanpur and Bann toll plazas until the highway is fully operational and fit for public use.
The decision, delivered by a bench comprising Chief Justice Tashi Rabstan and Justice M.A. Choudhary, came in response to a Public Interest Litigation filed by Sugandha Sawhney, who argued that commuters were being unfairly charged full toll rates despite the highway’s deteriorated state. The petitioner highlighted that 60-70% of the stretch has been under construction since December 2021 as part of the Delhi-Amritsar-Katra Expressway project, forcing drivers to navigate potholes, diversions, and single-lane sections on what was intended to be a four-lane highway.
In its ruling, the court emphasised the principle that tolls are levied to ensure 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,” the bench stated. “The same is a violation of fair service.” The court further noted that commuters are “not receiving the value they are paying for in terms of quality infrastructure,” a sentiment echoed by countless drivers frustrated by the highway’s condition.
The judges also took aim at the proliferation of toll plazas, ordering that no new plazas be established within 60 kilometers of existing ones along NH-44. Any such plazas currently violating this rule in Jammu & Kashmir and Ladakh must be dismantled within two months. “There should not be mushrooming of toll plazas in the Union Territories only with the sole aim of minting money from the general public,” the court remarked, signaling a broader intent to curb exploitative toll practices.
The ruling has wider implications, potentially setting a precedent for other highways across India where commuters face similar grievances. While NHAI has the authority to suspend or reduce tolls on unfinished or substandard roads, it has rarely exercised this power, drawing criticism from road users and now judicial scrutiny. The court also reprimanded the authorities for raising toll rates at Lakhanpur and Bann on the same day the Thandi Khui plaza was closed in January 2024, calling it an unjust burden on the public.
For commuters, particularly those traveling to pilgrimage sites like Vaishno Devi, the decision offers immediate relief. The highway’s poor state—marked by severe travel disruptions and increased vehicle wear—has long been a point of contention. The court’s directive ensures that toll collection aligns with the quality of service provided, a principle it hopes will resonate beyond this case.
NHAI has yet to comment officially on the ruling or outline its next steps. However, the order mandates that full toll rates can only resume once an independent surveyor certifies the highway’s usability. Until then, the reduced rate of 20%—based on fees prior to January 26, 2024—stands as a victory for fairness on India’s roads.